Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A provision authorizing judges to engage in extrajudicial activities sponsored by organizations concerned with the law or by nonprofit educational, religious, charitable, fraternal, or civic groups. Participation remains subject to the requirements of Rule 3.1 and must not undermine judicial impartiality or involve improper fundraising.
A provision authorizing judges to engage in extrajudicial activities sponsored by organizations concerned with the law or by nonprofit educational, religious, charitable, fraternal, or civic groups. Participation remains subject to the requirements of Rule 3.1 and must not undermine judicial impartiality or involve improper fundraising.
Select any source to read its text and confirm it supports the definition.
A series of rules governing lawyer conduct in litigation and bar matters, including the duty to bring only nonfrivolous claims, the obligation of candor toward tribunals, and the prohibition on assisting client perjury.
Select any source to read its text and confirm it supports the definition.
The federal rule stating that a civil action is commenced by filing a complaint with the court, used to determine when an action begins for purposes such as statutes of limitations in diversity cases.
Select any source to read its text and confirm it supports the definition.
A series of rules governing lawyer conduct in litigation and bar matters, including the duty to bring only nonfrivolous claims, the obligation of candor toward tribunals, and the prohibition on assisting client perjury.
The federal rule stating that a civil action is commenced by filing a complaint with the court, used to determine when an action begins for purposes such as statutes of limitations in diversity cases.
Each sense below has its own examples, sources, and questions.
Judge Morales receives an invitation to accept an award and speak at a fundraising banquet hosted by GreenEarth Alliance, a nonprofit that litigates against polluters. The event program centers on enforcement strategies and solicits donations. Because the banquet is a fundraiser that advances one side of contested litigation, the judge declines the invitation to avoid lending judicial prestige to the organization's fundraising efforts.
A judge may accept an award or speak at a fundraising event only when the event concerns the law, the legal system, or the administration of justice and the judge's participation does not place the prestige of office behind raising money for one side of contested matters.
Supporting sources
A criminal defendant tells defense counsel that he intends to testify falsely about his whereabouts on the night of the charged offense. Counsel first urges the client to testify truthfully, then informs the client that false testimony will not be presented and that disclosure to the court may follow if necessary. The lawyer's refusal to present the perjured testimony satisfies the duty of candor and does not violate the right to effective assistance.
Counsel must first attempt to dissuade the client from testifying falsely. If that effort fails, counsel may refuse to present the testimony and, if necessary, disclose the perjury to the court as a remedial measure.
Supporting sources
Plaintiff files a complaint in federal court within the state limitations period but the marshal does not serve the defendant until after the period expires. State law treats an action as commenced only upon service. Because the state rule is an integral part of the substantive limitations scheme, the federal court applies the state commencement rule and dismisses the action as time-barred.
After prevailing at trial, the defendant seeks attorney fees under a state offer-of-judgment statute that shifts fees when a plaintiff rejects a qualifying offer and recovers less at trial. The federal court applies the state fee-shifting rule because it is substantive and does not conflict with any Federal Rule of Civil Procedure governing offers or costs.
Plaintiffs file a class action in federal court seeking statutory damages under a state law that prohibits class-wide aggregation of penalties. The court applies the federal class-action rule rather than the state no-aggregation provision because the federal rule directly governs the procedure for maintaining a class action and is valid under the Rules Enabling Act.
A defendant is arrested on an information and detained for over a month without a judicial determination of probable cause. The court orders a prompt hearing because continued detention without a neutral determination of probable cause violates the Fourth Amendment, regardless of state procedural rules that delay such hearings until after indictment.
No. When a state statute of limitations is an integral part of the state's substantive limitations scheme and ties commencement to service rather than filing, the state rule governs in diversity cases.
Supporting sources
…statute of limitations provided that an action was deemed commenced when service was made on the defendant. Despite Federal Rule 3 which provides that an action commences with the filing of the complaint, the Court held that for purposes of the Kansas statute of limitations a diversity tort action commenced only when…