Legal Question in Federal Tort Claims in California

Re: Removed to federal court, now what?

I presume you are the plaintiff in a lawsuit against a government body or agent thereof, and the defendant has filed to remove the case to Federal Court. You haven't said that at all, but it is a very common scenario for removal to Federal Court. The exact implications, as you asked for, are not possible for me to tell you, since they depend on the very detailed, specific facts of your case. Even if you told me the facts, most lawyers would be uncomfortable trying to advise you via email, without a thorough interview and review of the relevant documents in your case.

I CAN tell you that the Federal Court system is usually more "formal" that state court, at least in the sense that the Fed courthouses and courtrooms are generally much more "grand" than state courts. One of the choices you face right away in many Fed jurisdictions, is to decide if you are willing to allow a Federal Magistrate to decide the matter, or if you prefer, you can insist on a regular District Court Judge. The latter can often mean that the case will take that much longer, as the dockets of the Judges are usually much more full. That might NOT be the case, however, in your jurisdiction.

I know you've heard this before, but you really ought to have a LAWYER in this case. If, for whatever reason, you are forced to represent yourself, I would suggest you go to your nearest law school law library, and ask them to let you read up on FEDERAL PROCEDURE. You should also buy a copy of the FEDERAL RULES, as well as the SUPPLEMENTAL LOCAL RULES, which are specific to the District Court where your case is to be heard. Both should be available at the courthouse for purchase. You probably want one of those "annotated" Federal Rules; specific to the Fed Courts where YOU are, in California. There is also a nice publication from WEST (out of St. Paul, MINN), which I presume will be the same sort of publication as here in Oregon; which is to say you'd get a large-size paperback specific to CALIFORNIA Federal Courts. It comes out every two years here in Oregon, but supplemented as needed along the way. Call around to the bookstores in your local LAW SCHOOLS, and they will probably have that WEST'S CALIFORNIA FEDERAL RULES, or something similar.

I know of some people, unable for whatever reason to hire a lawyer when they really need one, who went to the law library at a LAW SCHOOL. The law libraries in the courts are likely to have them as well, but at a law school, one can sometimes find a sympathetic ear, and a law student might be willing to tread where lawyers wouldn't. You never know.

BEST OF LUCK TO YOU, but please, find a lawyer!

Sam