How State Court Systems Work

Federal and state courts are separate systems

The United States has two parallel court systems. Federal courts hear only the kinds of cases the Constitution and Congress allow — for example, cases arising under federal law and certain cases between citizens of different states. State courts hear almost everything else, including most contract, property, family, probate, landlord-tenant, debt collection and foreclosure cases.

A case filed in state court follows that state’s rules — not the Federal Rules of Civil Procedure — unless it is removed to federal court.

How a typical state system is organized

• Trial courts of limited jurisdiction — small claims, justice, magistrate, municipal or county courts with limits on case type or amount.
• Trial courts of general jurisdiction — often called superior, circuit, district or common pleas courts. (In New York, the trial court of general jurisdiction is called the Supreme Court.)
• Intermediate appellate courts — most states have one; a few do not.
• The state’s highest court — usually called the supreme court, with the final word on that state’s law.

State rules of procedure

Every state has its own rules governing civil cases. Many states modeled their rules on the Federal Rules of Civil Procedure, so the structure is often familiar — but deadlines, terminology, page limits and required forms can differ. Some states set civil procedure mainly by statute (a code of civil procedure); others by court rules adopted by the state supreme court.

On top of the statewide rules, individual courts publish local rules, and many judges issue standing orders. Always read all three before filing.

Different names for similar tools

Similar procedural tools can have different names in different states. For example, California uses a demurrer to challenge the legal sufficiency of a complaint, where federal courts use a motion to dismiss for failure to state a claim. Find the equivalent in your state’s rules rather than assuming the federal name or deadline applies.

Find your state’s rules

Use the state procedures guide for each state’s civil procedure rules, official court website, foreclosure process and Uniform Commercial Code.

Researching state court systems in your state

First, find the statute or rule that governs state court systems where you live. State law controls most of these questions, so the answer can change from one state to the next. Next, read recent decisions from the appellate courts in your state. They show how judges apply the law today. Also, check the local rules of the court that would hear your case. Our state procedures guide links to each state’s official rules. In addition, the Research Center explains how to confirm a source is still good law.

Sources and further reading

Official sources used on this page:

• Current federal rules of practice and procedure (uscourts.gov)

Related reading on Lawtopolis:

• Motions: Form and Requirements
• Notice of Removal