Pre-Trial Proceedings in US Courts

Abstract

The federal court system covers the entire US and consists of trial courts, appellate courts, and the US Supreme Court. Defences that are most commonly raised by way of motion include lack of subject-matter or personal jurisdiction, insufficiency of service of process, improper venue, failure to state a claim on which relief can be granted. The lower courts that adopt this position have emphasised that the service mechanisms of the Hague Service Convention are straightforward and expeditious, and that when the central authority mechanisms are followed, US courts respect the sovereignty of foreign nations. Procedural matters in all civil cases in federal district courts are generally governed by the Federal Rules of Civil Procedure. In considering Due Process Clause limits on personal jurisdiction, it is vitally important to ditinguish between “general” and “specific” jurisdiction. The preceding discussion has considered the level, quantum of contacts that a defendant must have with the forum in order to satisfy the Due Process Clause.