Process servers deal with documents from a multitude of sources, including attorneys, law firms, private individuals, landlords, and state agencies. The majority of service assignments involve documents of a judicial nature. It is therefore important that a professional process server have some knowledge of the court system.
This section will look at the federal, state, and local court systems. The systems are largely independent of each other but, as you will see, they look rather similar in structure. Each will be broken down into an outline to show the hierarchical relationship between the individual courts in each system. Tell me more.
There are three levels in the United States Federal Court System:
- District Court
- Court of Appeals
- Supreme Court
Unlike the state court systems, which oversee a wide array of cases from personal injury to public policy to family law, the federal system oversees a much narrower range of cases. The federal system focuses on cases involving the United States as either a plaintiff or a defendant and cases that involve the interpretation or application of federal law. So what kinds of cases are heard?
- Federal Questions: Federal Courts can decide any case that considers federal law. This includes constitutional law, federal crimes, some military law, intellectual property (patents, copyrights, etc.), securities laws, and any other case involving a law that the U.S. Congress has passed.
- Diversity: Cases between residents of two different states can go to federal court as long as there is more than $75,000 in dispute. Federal courts can also hear cases between two people who have land grants from different states, or between the states themselves. States can sue each other for a number of reasons, but often these cases are over rights to land or waterways. When this happens, states can skip the trial court and go directly to the U.S. Supreme Court.
- Treaties and Diplomats: Cases that affect or could affect the U.S.’s standing with other countries, including cases addressing treaties with other countries. This includes cases involving ambassadors and public ministers in the U.S. and abroad.
- U.S. Government Cases: For example, if you wanted to sue the FBI, you would file suit in federal court, but if you wanted to sue your local sheriff, your state court will take that case.
- Admiralty: Cases that involve navigable water bodies in and around the U.S., including the oceans, rivers, and great lakes.
United States District Court
Most cases do not move past the United States District Court (USDC), therefore the USDC handles the most cases of all of the federal courts. The USDC is the “trial court” of the federal system and is broken down into districts or circuits. Each district covers a specific region of the United States and its governed lands. Congress often breaks this down even further through divisions within a district and what counties are in what division and what city the court is in.
There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. Three territories of the United States–the Virgin Islands, Guam, and the Northern Mariana Islands–have district courts that hear federal cases, including bankruptcy cases. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters.
In the state of Washington, for example, there are two districts, a western district and an eastern district. The former generally covers the lands west of the cascade crest and the latter the lands east of the cascade crest. The western district is divided into two divisions, one based in Seattle and the other based in Tacoma. The eastern district is based in Spokane.
United States Court of Appeals
For many of the cases which are appealed within the federal system, the United States Court of Appeals has the final say. Only a small handful of cases will actually make it to the United States Supreme Court. Like the USDC, the Court of Appeals is broken down into districts. There are twelve districts or circuits of the US Court of Appeals; one covers the District of Columbia and the other eleven cover a specified area of the United States and its governed lands. The Court of Appeals in each circuit is responsible for hearing the appeals from the USDC and other administrative agencies within their specific circuit.
There are two primary purposes of review in the Court of Appeals. The first purpose is error correction. The Court of Appeals is called on to monitor the performance of federal district courts and federal agencies; and supervises their application and interpretation of national and state law. It does not seek out new evidence; instead it examines the records for errors. The Court of Appeals also settles disputes and enforces national law. The second purpose of review by the Court of Appeals is sorting out and developing those few cases worthy of review by the Supreme Court.
Like the Supreme Court, the Court of Appeals also acts as a policy maker with its decisions, more so as the Court of Appeals handles the thousands of cases that do not make it to the Supreme Court. Usually the Court of Appeals policy making occurs at a regional level instead of at a national level. Tell me more.
United States Supreme Court
According to Article II Section 2 of the United States Constitution, the Supreme Court has the following power: “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;—between a State and Citizens of another State;-between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”
The US Supreme Court is the final arbiter of any legal question which may arise in the United States. It also acts as a policy maker because it interprets the law. Legal disputes about public policy are resolved by the Supreme Court. An example of this is Brown vs. Board of Education where the Supreme Court ruled that separate educational facilities for blacks and whites was inherently unequal, therefore segregation constitutes a denial of equal protection as guaranteed under the constitution.
On average, the Supreme Court decides, with signed opinions, 80 to 90 cases per year. Thousands are disposed of with less than the full treatment. Only a very select set of policy issues are dealt with by the Supreme Court. As mentioned above, the Supreme Court sets public policy because it interprets the law as written and passed by Congress and signed by the President. There is, however, a very important difference in that the Supreme Court must wait for the policy questions to come before it. It cannot seek out issues on which it wants to rule. Once a ruling is made the court depends on others to implement or carry out its decisions.
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction is the power to hear a case for the first time. Appellate jurisdiction gives the high court the authority to review cases originally decided by a lower court. The Supreme Court is mainly an appellate court, as most of its time is devoted to reviewing lower court decisions. On rare occasions it will take up a new case which has not been heard in a lower court.
The United States Supreme Court is our highest court and has the final word in interpretation of the constitution, acts of legislative bodies, and treaties.
STATE COURTS
No two states have identical court systems, though there are certainly many similarities between them. The large variation of local court systems comes from the more extensive statutory laws that the states have as opposed to those of the federal government. The state courts cover a wider array of cases from basic personal relationships to the state’s public policies to family law. The number of cases heard annually at the state level far exceeds the number heard at the federal level by many times over.
This section will look at the organization of the local courts in the State of Washington where there are four levels:
- Courts of Limited Jurisdiction
- Superior Court
- Court of Appeals
- Supreme Court
Tell me more.
Crimes in the State of Washington
One way to understand the authority of the various courts is to know what crimes can be prosecuted in each of them. There are four basic levels of crime in Washington. They are:
- Infractions, the least serious of cases, are acts prohibited by law but not legally defined as a crime. The only possible punishment is a fine of no more than $1,000.
- Misdemeanors are petty crimes. Punishment may include a fine, imprisonment, or both. However, the fine cannot exceed $1,000 and/or 90 days in jail.
- Gross misdemeanors are more serious crimes. Punishment may include a fine, imprisonment, or both. The fine cannot exceed $5,000 and imprisonment may not exceed 364 days in jail.
- Felonies are the most serious crimes. Punishment may include a fine, imprisonment, or both. The fine cannot exceed $50,000 but imprisonment may be for life.
Courts of Limited Jurisdiction
Though courts of limited jurisdiction are known by a variety of names in the different states, in Washington they are known as either municipal court or district court. Between these two courts more than two million cases are filed annually. Statistics show that any where from 85% to 90% of all cases filed annually are filed in either municipal or district court.
With regards to criminal cases, municipal and district courts handle infractions, misdemeanors, and gross misdemeanors.
Municipal courts exist at the city or town level. As of 2008 there were 127 municipal courts in the State of Washington. Municipal courts have exclusive jurisdiction over matters arising from ordinances of the city; therefore they oversee the violations of municipal or city ordinances. Municipal courts have jurisdiction over infractions, misdemeanors, and gross misdemeanors which are committed within the city limits and are a violation of a city ordinance. Infractions and crimes which are not found in a cities ordinances cannot be prosecuted in municipal court.
No civil cases are heard in municipal court. In general, and with certain exceptions, process servers do not serve documents originating in municipal court.
District courts exist at the county level and as of 2008 there were 49 district courts in the 39 Washington counties. District courts oversee both civil and criminal cases. As in municipal courts these courts can hear criminal cases involving infractions, misdemeanors, and gross misdemeanors.
District courts also oversee several types of civil cases. Small claims allow the petitioner to request a settlement of up to $5,000. District court has jurisdiction over damages for injury to individuals or personal property and penalty and contract disputes in amounts of up to $100,000. The courts may also issue domestic violence and anti-harassment protection orders and have jurisdiction to hear change-of-name petitions and certain lien foreclosures.
Most civil cases originate in district court. The number of cases, depending on the size of the population in the court’s jurisdiction (generally the county in which the court is located), can be astronomical. This is because most collection actions are filed in this court by collection agencies. Each action generates a summons and complaint which must be properly served on the defendant.
Superior Court
As with the district courts, superior courts are found at the county level, and they hear both civil and criminal cases. Also known as courts of general jurisdiction, there is no limit on the type of civil and criminal case they can hear. Superior courts also have the authority to hear cases appealed from either the municipal or district court levels.
The types of cases seen in superior court includes misdemeanor, gross misdemeanor, and felonies. Felonies are the most serious of criminal cases.
The civil cases heard in superior court are any cases which are outside of the state’s guidelines for district court, such as cases where the petitioner is asking for a settlement over $100,000. Superior court also oversees cases such as divorce, annulment of marriage, other domestic dispute cases, child dependency, adoptions, guardianships, and all manner of other civil disputes.
One division of superior court, unique from the rest is Juvenile Court. This division was established by law to deal with youths under the age of 18; who commit offenses (offenders) or who are abused or neglected (dependents). This division also oversees cases where juveniles are being tried as the defendant in a criminal case or other cases where juveniles are involved such as dependency and termination of parent-child relationship.
Court of Appeals
Generally, most cases being appealed from a superior court are appealed to the Washington State Court of Appeals. There are three divisions of the court of appeals: Division I is in Seattle, Division II is in Tacoma and Division III is in Spokane. Each division covers specific counties in Washington. Tell me more.
Most cases appealed from superior court go directly to the Court of Appeals. It is a non-discretionary appellate court; it must accept all appeals filed with it. The Court of Appeals has authority to reverse (overrule), remand (send back to the lower court), modify, or affirm the decision of the lower court.
The Court of Appeals was created to help take some of the work load off of the Supreme Court. Our system of justice holds the view that parties in a case are entitled to at least one appeal. However, not all cases need to be addressed by the Supreme Court. Therefore, for most cases the Court of Appeals is the last resort for litigants in the legal system. There are some exceptions to this and those cases are addressed in the following section on the Supreme Court.
Supreme Court
The Supreme Court is the highest court in the State of Washington. It is responsible for the rules and regulations that the other courts in the state follow. It is allowed to choose the cases it wishes to hear.
Though most cases under appeal go to the Court of Appeals, there are some exceptions to this. The Supreme Court can choose to take on a case which is being appealed directly from a superior court. Cases where the final verdict is the death penalty also go directly to the Supreme Court for review. Other cases may include situations where the trial court ruled a statute or ordinance unconstitutional, found there are conflicting statutes or rules of law, or if the issue is of broad public interest and requires a prompt and ultimate determination.
When its opinions are published they become the law of the state and set precedent for subsequent cases heard in any court (with the exception of the federal courts) in the state. The Supreme Court is also the final rule-making authority for all of the state’s courts. Though local courts make their own rules of procedure, these rules must conform to, or not conflict with, those established by the Supreme Court. In addition, the Supreme Court has administrative responsibility for operation of the state court system.
Within the fact pattern of the particular case, the Supreme Court determines whether the proper constitutional provision, statute or common-law principle has been applied correctly. The judgment of the lower court is affirmed if no prejudicial error is found or reversed if it is found. Decisions of the Supreme Court then become legal precedent for lawyers and judges in determining future disputes involving similar questions of law.
The parallels between the state court system and the federal court system are obvious. Both possess an entry level court, an intermediate court level to allow for appellate review, and a supreme court which acts as a court of last resort.
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This is a rough diagram of a typical courtroom in the state of Washington. Courtrooms vary a great deal from city to city and county to county but they all have the same basic structure.
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