Should I file my case in Utah State Court or Federal Court? 801-676-7308 - Attorney Jim Balmforth explains...

Great question I got the other day...

Should I file my case in state court or federal court?

Which is better?

Well, usually one is not better than another; but it really depends on what type of a case you have as to whether or not you can even file in state or federal court.

Watch this video and let me know what you think...

Let me explain.

Bankruptcy is a great example.  The United States Constitution provides for a bankruptcy court.  The Constitution is a federal document that governs our federal government.  The United States has a bankruptcy court system.  There is no state bankruptcy court.  This means that you can't go to the Utah State Bankruptcy Court because it doesn't exist.  You have to go to federal court.  For this reason, if you came to my office looking for file for bankruptcy, your case must be filed in the federal court system.

Divorce is another good example.  There is no federal divorce court.  You can't litigate child custody issues in federal court.  There is no, wait for it...

Jurisdiction.

There you have it.  Jurisdiction for divorce and custody matters lies solely in the Utah State District Court.  

So you have to file in state court.

I've hope that makes sense.  I tried to keep all of the information real in the video.

If you have a question about where your case should be filed, give me a call and I'd be happy to discuss it with you.

Thanks for watching/reading.

Best,

James R. Balmforth, Esquire
Criminal Defense Utah Attorney
8833 S. Redwood Rd.
West Jordan, UT 84088
Phone: 801-676-7308