Federal Court Notice Of Appearance: Fill & Download for Free

All US Federal courts, from the Supreme Court on down, are constrained by Article III’s “Case or Controversy” clause: federal courts only have jurisdiction when there is an actual dispute regarding some matter which arises under federal law or which involves a party over which federal courts have jurisdiction. Neither the Supreme Court nor any subordinate Article III court may offer an advisory opinion or take any action, whether or not on an “emergency” basis, to offer an opinion on a matter when no properly pleaded case or motion has been brought before them.If the Government were to make an obviously unconstitutional law, it would still be incumbent on opponents of that law to find some person adversely impacted by that law and convince that person to actually sue the government. Only after that happens can the court review the propriety of the law in question. In practice, it is not hard to find “test cases” like these, and civil liberty organizations like the ACLU, SPLC, and NAACP have gotten very good at it.Of course, if a blatantly unconstitutional law poses an immediate threat to life, safety, or the profound national interest, once a proper party is found, that party may ask the court to act with all deliberate haste, including bringing the motion ex parte (that is, without prior notice to the Government) and asking for an emergency injunction. The court (which in almost every circumstance where this might apply would be one of the 94 federal district courts, and not the Supreme Court, which does not have original jurisdiction in most such matters) has the authority to act with significant haste when circumstances appear, to the court, to merit it.

To start, it is important to realize that the $20 million figure stated in the Notice of Removal included with the linked article is not, at this stage, a claim for damages in that amount.For the case to be removed from state court to federal court, the amount in controversy must be greater than $75,000.The Notice of Removal states that if Stormy Daniels succeeds in invalidating the Confidential Settlement Agreement, the original $130,000 settlement amount will need to be repaid, thus the greater-than-$75,000 requirement is satisfied. This would have sufficed.However, the Notice of Removal goes on to state another greater-than-$75,000 amount in dispute, namely liquidated damages of $1 million per breach and at least 20 known breaches, thus the $20 million figure.Moving on to whether Stormy Daniels actually will have to pay $20 million to EC and/or Trump, as I first wrote in Dana H. Shultz's answer to What is the liability for Stormy Daniels if she breaches an agreement?, I have serious doubts concerning whether such a liquidated damages provision will be enforced.Liquidated damages are enforceable only if they are a reasonable estimation of damages that actually will be suffered.I have no reason to believe such an estimation was made.$1 million per breach appears to be, instead, a penalty, which is not enforceable.So, Trump will offer evidence of whatever actual damages he has suffered. Stormy Daniels, in turn, will provide evidence of (a) Trump’s sexual misdeeds, pointing out that she could not have caused him any further harm, and (b) actual damages she has suffered because of Trump’s actions. And Trump will provide evidence of Daniels’s sexual activities, thus how he could not have caused her any further harm.I don’t know whether we should be pleased or displeased that these allegations and the process by which they are proven or disproven probably will take place out of public view.

Lots of misinformation here. The subpoena is “from another state,” not from a federal court. Therefore, answers dealing with federal court subpoenas are irrelevant to the question.The question does not specify whether it’s a criminal case or a civil case. If it’s to testify at the trial of a criminal case in another state, the party requesting the subpoena would have to go to a court in the state where the witness resides and get an order requiring the witness to appear at the trial. Otherwise, an out of state subpoena has no legal validity.If it’s a subpoena from a court in State X to testify at the trial of a civil case in State X, it isn’t valid in any state other than State X. Likewise, if it’s a subpoena from State X to testify at a deposition to be held in State X, it has no validity in any other state.A subpoena from State X served on a witness residing in State Y is legally ineffective. And a court in State Y will not order a State Y resident to travel to State X to testify in a civil case. So, if you have a civil case in State X and you need the testimony of a witness in State Y, you ask the court in State X for a subpoena. You then take that subpoena to a court in State Y and ask for a subpoena compelling the witness to appear for a deposition in State Y. In most states the clerk of the court can issue the subpoena without a court order. Of course, you must give proper notice to the other side. Then you take the deposition to preserve the witness’s testimony for use at trial in State X.Incidentally, a federal court subpoena from a court located in a state where the witness doesn’t reside can’t force him/her to travel more than 100 miles from where he/she lives, is employed or regularly transacts business in person. But if you get one like that don’t simply ignore it. Instead, you would move for it to be quashed.EDIT TO ADD: Sometimes people confuse subpoenas with summonses. If the OP is actually talking about a summons, that’s a whole different kettle of fish.