Litigators

A Stranger In A Strange Land

Advice on how to prepare for an out-of-jurisdiction appearance or filing.

By Peter S. Garnett  
on

As I reflect on my practice, I have started to realize that sometimes you have to go outside of your comfort zone. In a perfect world, we all would love to have cases related to legal topics that we understand or have experience in. It would also be great for the cases to be in jurisdictions and courts that we have already practiced in. But, in reality, you never know what clients are going to walk through your office doors and where the client will need to file their case. Sometimes the client will request that you file an action in a jurisdiction that you have never practiced in, or never even been to. This situation creates considerable anxiety amongst lawyers. Recently, I was asked by client to file an action in state court in Upstate New York. Although I am barred in New York State, at first, I hesitated to take the case because I was not sure about the local practices and rules. Then I realized that with a little studying and planning, I could get it done. So, I decided to write this article on how to prepare for an out-of-jurisdiction appearance or filing.

The first lesson is to know the local rules. Usually, these can be found on the court’s website. These rules typically will tell you the basics of how to file a new matter and other pertinent rules of the jurisdiction.

Next, if you know the judge that you will be appearing in before, always check if that judge has his or her own rules. These rules are probably the most important because they will outline the judge’s preferences on how to file particular papers. These rules will tell you everything you need to know, down to font sizes and margins.

The next suggestion is to call the local clerk’s office to see if there is anything you can find out about the court’s practices that were not included in the local rules or judge’s rules. I find that if you are polite, most clerks will reciprocate and are willing to give information on how to file a case or correctly submit papers.

Once you have completed all the background work you can before heading the new jurisdiction, and are ready to go to court, then you should be as well-prepared as possible. You also must be ready for anything. I like to bring my laptop with me and numerous extra copies of the documents. Inevitably, there will be issues with a filing or a court appearance. Especially with filings, if you are prepared with extra copies then you can make any necessary corrections to the documents. In a worst-case scenario, you can also find a FedEx store or something similar to print out revised documents, if you have your laptop with you.

In these situations, it’s all about planning. My firm really emphasizes this aspect of legal practice. As much as you think you know about practicing law, there are always going to be things that come up that you don’t know. You should plan to deal with any of the likely issues that may arise.

Last, if you have an extensive network of lawyer friends, then give them a call to see if there is any advice that can be given to you. The best source of information are the lawyers who practice in the jurisdiction which you are going to for the first time. It’s also a good excuse to network and catch up with friends.

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Although these are very simple suggestions to follow, I hope they will help you prepare for an appearance or filing in a jurisdiction that you are not too familiar with. In the end, if you are able to pick up some good information, then it may save you a trip or two back and forth while you prepare the documents to the court’s liking.

Peter S. Garnett is an attorney at Balestriere Fariello who represents clients in trials, arbitrations, and appeals. He focuses his practice on complex commercial litigation and contract disputes from pre-filing investigations to trial and appeals. You can reach Peter at peter.s.garnett@balestrierefariello.com.

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