Legal Question in Civil Litigation in Washington

state or federal court

Is it better to sue in a state or federal court?


Asked on 1/23/04, 6:51 pm

3 Answers from Attorneys

Peter James Law Office of Peter James

Re: state or federal court

it depends! ... some issues may only be brought in State, some only in Fed. ... You do not have an option in every case & those that you do require careful examination. If you can't answer the question, then get a lawyer - or another lawyer.

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Answered on 1/23/04, 7:32 pm
Sam Hochberg Sam Hochberg & Associates

Re: state or federal court

Boy, that's an awfully general question. It depends on an awful lot of specific facts. In some circumstances, I know SOME lawyers prefer Federal Court. I think they feel as if they get somehow a more "formal" or "serious" setting, so that their case is taken more seriously. Other lawyers think there is a difference in the type of juror you're liable to get in Federal Court, because the manner in which potential jurors are obtained may be different.

For me, the choice (if there IS any choice -- many types of cases MUST be filed in one court or the other) is based more on which procedural law is more advantageous to the particular facts of a case. The difference between state and federal court is much more pronounced here in Oregon than it is in Washington, because Oregon's procedural rules of court are MUCH different than the Federal Rules of Civil Procedure. In Washington, the procedural rules are much more similar, although there are still some differences.

You really ought to discuss the facts of your particular situation in person, with a lawyer.

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Answered on 1/24/04, 12:00 am
Matthew King Wershow & Ritter, Inc. P.S.

Re: state or federal court

It depends on the type of claim, where the parties live, and on other more "legal" facts. The Federal Courts tend to be more efficient than State Courts, however, State Courts tend to be more "in tune" with the jurisdiction in which they sit.

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Answered on 1/26/04, 10:31 am


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