Dallas, TX asked in Appeals / Appellate Law for Texas

Q: I exhausted all my remedies in federal courts and wanted to know could I still bring up old and new arguments in Supreme

Related Topics:
1 Lawyer Answer
Theodore M. Cooperstein
Theodore M. Cooperstein
  • Appeals & Appellate Lawyer
  • Madison, MS

A: To bring a matter before the United States Supreme Court, it must be within ninety days of the final judgment in the appeals court whose decision you are challenging. That can be from a federal appeals court, called the United States Court of Appeals (they are divided geographically in 12 circuits) or from the highest (supreme) court of any state or territory in the United States.

The US Supreme Court generally only reviews legal questions that have been already raised and reviewed or decided upon by a lower court. But as in many areas of the law, there can be exceptions to the general rule. Fr instance, there is always jurisdiction to decide the subject matter jurisdiction of a lower court, and whether the specific case was properly in the right court. You should check with an appellate attorney to go over the specific details and facts of your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.