General Litigation Newsletters

Ex Parte Communications

An ex parte communication is a written or oral communication with a judge that involves only one side of a pending lawsuit or that involves a matter that could become the subject of a future case before the judge. Ex parte communications include a judge's interactions with persons interested in the outcome of a case such as attorneys, parties, jurors, witnesses, and law enforcement personnel. Generally, ex parte communications are prohibited because they can influence the judge's decision.

Representing Yourself in Court

If you represent yourself in court and don't use an attorney, you are acting "pro se." Pro se is a Latin term that means on your own behalf. In legal terms, you are considered a self-representing party.

Settlement Conferences in Federal Courts of Appeals

There are 13 judicial circuits, and each circuit has a court of appeals. The federal courts of appeals are intermediate appellate courts. They hear appeals from federal district courts, which are trial level courts. In response to the ever-increasing volume of cases, some federal courts of appeals have adopted settlement programs in an effort to reduce the backlog of cases and accelerate the appeal process.

Venue in Civil Lawsuits

Venue refers to the location (city, town, or county) where a trial should be held. Each state has rules for determining the correct venue for filing a lawsuit. Improper venue is not a ground for dismissing a lawsuit. A defendant can waive or give up his right to claim improper venue. Either party can request a change of venue.

Writs of Mandamus

A writ of mandamus is a court order that directs a person (such as a public official) or entity (such as a company or a lower court) to perform a specific act that is related to that person's office. A writ of mandamus is an extraordinary legal remedy, which should only be granted in exceptional circumstances. Where another adequate remedy exists, the courts will generally refuse to issue a writ.