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Published in The New Lawyer Handbook
The fundamentals of practice and procedure in state and federal court are quite similar. Differences between the two systems are often subtle, but an understanding of these differences is essential to the successful federal practitioner. To the extent possible, this chapter will not repeat the basic information contained in the chapters on civil and criminal procedure. Rather, it will concentrate on providing information specific to practice and procedure in the United States District Courts for the Eastern and Western Districts of Kentucky and, to a lesser extent, the United States Court of Appeals for the Sixth Circuit. While much of this information is applicable to other courts as well, the practitioner should always investigate local practice and procedure when appearing in a new forum. Due to space limitations, this is necessarily a general treatment of the subject, but it should provide the new practitioner with either the information needed or directions on where to look to find that information.