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A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant. The name comes from the case People v. Marsden ...
[61] The First Circuit does the same, but also holds attorneys to the rules of conduct for the state "in which the attorney is acting at the time of the misconduct" as well as the rules of the state of the court clerk's office. [62] Because federal district courts sit within a single state, many use the professional conduct rules of that state.
The attorney of record is the attorney who formally appears before the court, whether in person or by means of signed documents, on behalf of a party. [1] However, the status is also an enforcement mechanism for a jurisdiction's applicable standards of legal ethics and professional responsibility (for example, the American Bar Association Model ...
Sixty-one years ago, the U.S. Supreme Court decided Gideon v. Wainwright , ruling unanimously that criminal defendants in state courts had the right to the assistance of counsel guaranteed by the ...
USC via Cornell: when citing one of a series of USC sections, where it would be redundant to display the full citation for each section, this template can be used to display only the section number. {{ United States Code subsection }} , {{ USCSub }}
To produce the abridged version, use {{Civil procedure (United States) |value}} and set value as "short", "abridged", etc. (without quotemarks). The above documentation is transcluded from Template:Civil procedure (United States)/doc .
The Rules, established in 1938, replaced the earlier procedures under the Federal Equity Rules and the Conformity Act (28 USC 724 (1934)) merging the procedure for cases, in law and equity. The Conformity Act required that procedures in suits at law conform to state practice, usually the Field Code or a pleading system based on common law .
In United States federal courts, special masters are appointed under Rule 53 [1] of the Federal Rules of Civil Procedure. Rule 53 allows for a special master to be appointed only if one of the following exists: (1) the parties consent to the appointment, (2) to hold a trial without a jury or make recommended findings of fact where there is some ...