Some types of civil litigation that can be filed in state court may also be filed in the United States District Court. Other cases, typically involving federal laws, can only be filed in the U.S. District Court, the trial court in the federal system.

Occasionally a case filed in state court may be "removed" to U.S. District Court. This occurs when an out-of-state defendant is sued, in which case that defendant may have the right to have the case heard in federal court upon request. The principle behind removal is to avoid possible local prejudice against an out-of-state defendant.

In Central Missouri, the U.S. District Court sits at Jefferson City, 30 miles south of Columbia, although occasionally attorneys are required to attend hearings at the U.S. District Courthouse in Kansas City.

Although there are many similarities between procedure in state court and U.S. District Court, there are also some important differences. One difference is that U.S. District Court juries usually consist of only 6 members who are drawn from all over Central Missouri, whereas in state court juries consist of 12 members drawn solely from the county in which the case was filed. Another difference is that U.S. District Court rules require many more voluntary disclosures by parties and pre-trial filings of witness and exhibit lists.

When there is a choice between filing a case in state court or U.S. District Court, the decision should be thoroughly considered by the attorney and client based on which venue may be more advantageous for the client. One consideration may be that state court cases sometimes move more slowly than federal court cases, although this can vary from county to county within the state court system.

Scott Law Firm practices in U.S. District Court as well as the state courts of Missouri.

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