Should Your Case be Heard in Federal Court?
If you file or defend a lawsuit, at some point, your attorney may discuss with you the possibility of filing in either federal or state court, or else, of asking the court to remove an already filed case from one to the other. But what are the benefits or drawbacks of each?
Stricter, But Better?
One benefit to federal court is that it tends to be more time consuming, with more deadlines and stricter rules. Federal courts often have little tolerance for delay. Federal courts don’t play around. They don’t have tolerance for parties avoiding discovery or delaying cases or asking for frivolous things.
Why is this a benefit? If you are being faced with a lawsuit that you feel is frivolous, or you feel you have more resources than the other side or a more experienced attorney, you may have a better chance of winning your case in federal court.
Many newer attorneys or law firms that operate more on volume than quality often may find federal court too time consuming, strict and exacting for them. In fact, just moving a case from state to federal court may be enough to get some of those law firms to start making overtures to resolve the case, instead of continuing to fight it.
Federal Court Judges
Another benefit of federal court, is that the judges in federal court do not have to face re-election. If you have a case that may be politically charged, or have media attention, and you are concerned that a judge may have a hard time ruling in your favor for fear of public outcry, federal court may be a better bet for you.
Because they don’t have to be re-elected, many federal judges have been on the bench for longer periods of time. That means that they have decided more cases, and thus, your attorney may already know how a certain judge feels about a given issue in your case, based on prior decisions that judge has made.
Attention to Detail
Federal judges have more time to read what is put in front of them—that’s just the nature of their caseload that, while still high, doesn’t reach the levels of state court judges. So if your case involves novel or complex or nuanced legal issues, a federal court may be the better place for you.
Some Disadvantages
Federal court does have its disadvantages. The fact that it is more time consuming, with quicker deadlines, can, at least in the short term, lead to higher attorneys’ fees, costs, and time. Filing cases in federal court may lead to the other side getting “better lawyers,” knowing the case is in federal court.
Can You Choose?
Of course, you don’t always have the choice between state or federal court. There are specific rules about which courts can legally be filed in and heard by federal courts, and which kinds of cases cannot. Your attorney can tell you whether the option to have your case heard in federal court is even available.
Whether in state or federal court, we can help navigate the court system in your case. Call the West Palm Beach commercial litigation lawyers at Pike & Lustig today for help.
Source:
uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts
