Here at CourtReference, we’ve quite familiar with the court systems in every state. Unless you have business with courts in many different states, you may not be aware of how different court systems can be from state to state.
The basic structure is not so different; each state usually has a trial court in which the parties argue both the facts and the law in front of a judge or jury. The judge decides how to apply the law, and the judge or jury decides which facts are true and which are not – in other words, which party … Read More
Every state court system has an administrative branch that manages the court system’s internal operations. It is most often named the Administrative Office of the Courts (as in Washington), but may also be called the Office of Judicial Administration (as in Kansas), Office of the State Court Administrator (as in Colorado , the Chief Court Administrator (as in Connecticut), the Division of State Court Administration (as in Indiana), the Director of State Courts (as in Wisconsin), and even the Office of the Executive Secretary (as in Virginia).
These administrative offices are usually under the … Read More
Here at CourtReference, we spend a lot of time looking at court systems, so we get to see types of courts in some states that you may not have in your state – yet. Courts that specialize in a particular area of the law have been around for a long time. Examples are Family Court, Juvenile Court, Tax Court, and Probate Court.
But in the past few decades, courts that specialize in a single type of case have evolved. These highly specialized courts may be a separate court, or a division or program of court of more general jurisdiction. … Read More
With the Trayvon Martin case, including the recent second degree murder charges against George Zimmerman making national news, violent crime is at the forefront of the nation’s consciousness. The Martin/Zimmerman case has raised questions about who the true victim really was. Although we may not know the answer to that question until the case has been resolved, unfortunately there are thousands of crimes committed every day, leaving victims to deal with the aftermath. Often there is so much focus on the perpetrators of crime that the victim gets somewhat left behind by court systems. However, more and more courts are … Read More
All state court systems have procedures for handling wills and other estate matters, including estate administration, guardianships, conservatorships, and trusts. When someone dies with a will, the will must be proved to be valid, and the instructions in the will carried out. This process is called probate, so most courts that handle estate matters have come to be called “probate” courts.
Some court systems have separate probate courts; examples can be found in Connecticut, Georgia, and Texas. More often, a state’s main trial court will have a probate division; examples can be found in California Superior Court… Read More
Judicial foreclosure exists in nearly every state in the United States. Generally, a lender initiates a foreclosure action when the property owner/borrower has failed to make mortgage payments. In a judicial foreclosure, the lender must go through the court system, filing a complaint and serving the borrower. In most states, the court will then either find for the borrower or for the lender. If the court finds that the borrower has indeed defaulted on his or her loan a judgement will be entered for the lender. The lender can then hold a sheriff’s sale of the property in order to … Read More
State court systems are stepping in to help minimize the damage from the residential mortgage foreclosure crisis. Connecticut, Delaware, Iowa, Maine, Nevada, New Hampshire, New Jersey, and Ohio are among those that have implemented statewide foreclosure mediation programs. A number of other states are currently considering legislation to create foreclosure mediation programs, and many cities and courts have put in place local programs.
All 88 Ohio counties now use foreclosure mediation in handling foreclosure cases on their dockets. Through these programs, a neutral mediator works with homeowners and lenders to resolve the mortgage problem by mutual agreement. Such mediation can … Read More
As if going through foreclosure wasn’t difficult enough, those facing this life hurdle now must also ward off those seeking to take advantage of their situation. A recent news release from the attorney general in Connecticut warned about foreclosure rescue companies masquerading as law firms, taking badly needed monies from these homeowners and providing no assistance.
Foreclosure assistance and mediation is often provided free by the court system. For example, sticking with Connecticut, the State of Connecticut Judical Branch offers a free Foreclosure Mediation Program that provides homeowners with free mediation services to assist the homeowner and the lender in … Read More
If you are involved in a lawsuit, you (or your attorney) will likely need to file many documents with the court. This can include an initial summons and complaint as well as various motions and notices requesting actions from the court or opposing party. All these filed documents can add up to piles and piles of paper. Furthermore, whenever a paper is filed with a court, this requires the filer to go down to the courthouse in person to present the document to the clerk of court. Although this is a tradition that is mostly accepted as a part of … Read More