What’s the more persuasive federal authority? 1. District Court opinion in the same state but different district, or 2. Circuit Court opinion from a different circuit.

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Depends which one is more favorable to your argument

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Circuit court opinion is almost always more persuasive unless the d ct judge is well known or maybe if they are analyzing state law

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Interesting. I’d say you’re only correct if both courts are analyzing federal law and the state in question is known for follow that circuit. For example, here in the 11th you’re better having a sister court order than a 9th circuit opinion as your authority.

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The real truth is neither and both. There is no hierarchal requirement judges must follow for non-authoritative case law. It’s really up to the judge’s personal preference. Anything that says otherwise is purely academic. If it were my brief I’d cite both and say it’s proof that my request is already being followed by multiple jurisdictions so this court should too.

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The former

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You’re right, i misread the question as being from the same district court

Cite both but if you can only cite one for some reason I would cite the sister district court because in my mind the sister district court is more likely to be in harmony with the controlling circuit because that judge has a threat of being reversed by the same court as the judge to which you’re citing.

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For state law issues I usually have this ranking- state appellate courts, local Federal Circuit or District Courts; Foreign Federal Circuit; Foreign Federal District; and Foreign State decision.

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For state law issues where there is no state law case on point, I’ve resorted to trying to do all three of these steps: (1) pointing to the overarching Seminole case on point from your state and using logic (usually borrowed from cases cited in the below 2 steps) to argue that my position would be consistent with the framework of the overarching law; (2) pointing to on point persuasive authority from federal courts or other states (hierarchy is usually: local circuit, local district, foreign circuit, foreign district, other states’ Supreme Court, other states’ appellate courts); and (3) pointing to analogous state case law that may not be perfectly on point with the issue but may shed light as to how the court would rule.

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I would cite both.

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