how to sue an attorney in dederal court

If your Constitutional rights have been violated and you have claims against lawyers, judges, or government entities, you can file a lawsuit in federal court. It is a usually a three-step process done by mail over a 2-3 year period: (1) filing in your federal district court; (2) appealing to your circuit court (for Kansas, this is the

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Can you sue someone in federal court?

JURISDICTION: Is federal court (or state court) the proper place to file my lawsuit? There are two court systems in the United States: the state court system and the federal court system. The state courts are the courts of “general jurisdiction,” which means that they can hear and decide almost any kind of legal controversy.

How do I file a lawsuit in federal court?

Apr 16, 2010 · Bringing suit in federal court is tricky - in NY State, there are four different federal district courts. You have to sue in the right one. Consult an attorney before you bring such a suit -- and make sure that the lawyer is admitted to practice in the federal district court where your action should be brought.

How do I sue the Department of Human Services?

Steps to Take to Sue Your Lawyer for Malpractice. There are several steps to take if you believe you have a good case for legal malpractice, including: Obtain your case file from your original attorney; Gather all documentation pertaining to the original case; Contact a …

How hard is it to find an attorney to sue someone?

May 12, 2016 · Whether you are able to choose a federal court is beset by federal jurisdictional technicalities your lawyer can explain - - an example is determining the state in which a corporation "resides." Putting aside time limits and other arcane technicalities, here is how it works in civil cases. Some cases must be brought in a federal court.

How do I defend myself in federal court?

Use your own words and be as clear as possible. lawyer. In the documents you file with the Court, be specific about the facts that are important to the lawsuit. When you cite a case that you believe supports your position, explain to the Court why that case applies or is similar to your case.

What constitutes a federal question?

An issue directly involving the U.S. Constitution, federal statutes, or treaties between the United States and a foreign country. Application of these kinds of law to particular cases or interpretation of the meanings of these laws is a power within the authority of the federal courts.

In which court would one file a lawsuit where the claim is greater than 10 000 in California?

If your claim is worth more than the limit, you can file your case in civil court. You can represent yourself or hire a lawyer in civil court. Or, lower the amount you ask for and give up (or waive) the rest. That way you can keep your claim in Small Claims court.

What is the mottley rule?

Mottley, 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a plaintiff's anticipation that the defendant would raise a federal statute as a defense.

What type of cases can be heard under the federal question statute?

More specifically, federal courts hear criminal, civil, and bankruptcy cases. And once a case is decided, it can often be appealed.

What are good reasons to sue?

Top 6 Reasons to SueFor Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. ... For Protecting Your Property. ... For Replacing a Trustee. ... For Getting a Divorce. ... For Enforcing the Terms of a Contract. ... For Discrimination and Harassment.

How much does a lawsuit cost?

Typically in a civil lawsuit, it can cost $1,500-$5,000 to initiate an action and have a lawyer deliver a Statement of Claim. Responding to the opposing side's documents and conducting examinations for discovery will likely involve another $3,500-$5,000.

What is the minimum amount you can sue for in civil court?

For the most part, there is no minimum you can sue someone for. The limit for the 50 states is usually up to 10,000. Only a few states allow for more than that. Still, the limit on those states only goes up as high as $15,000.Aug 14, 2017