A state court is a court created by a state’s constitution or statutes to resolve legal disputes that arise within that state. State courts handle the overwhelming majority of litigation in the country — roughly 66 million cases a year, compared with a few hundred thousand in the federal system. There is no single national court structure beneath the U.S. Supreme Court; each of the 50 states runs its own courts, with its own names, rules, and procedures.
What State Courts Handle
State courts are courts of “general jurisdiction.” That means they can hear almost any kind of case unless a federal law pulls it elsewhere.1United States Courts. Comparing Federal and State Courts In practice, state court is the default venue for ordinary legal disputes.
Criminal cases. State courts prosecute violations of state criminal law, from traffic infractions and petty theft to serious violent crimes. Misdemeanors generally carry jail sentences of up to one year and fines that vary by state. Felonies can result in prison sentences ranging from over a year to life, depending on the offense and the state’s sentencing laws.
Civil litigation. Personal injury suits, breach-of-contract claims, property disputes, and consumer protection cases all land in state court. The standard of proof is lower than in criminal cases: a plaintiff usually must show their claim is more likely true than not — the “preponderance of the evidence” standard. Some civil claims, like fraud, require the higher “clear and convincing evidence” showing. Criminal cases require proof beyond a reasonable doubt.
Family law. Divorce, child custody, child support, spousal support, and adoption proceedings are handled almost exclusively by state courts. Some states operate dedicated family courts; others assign these matters to the general trial court.
Probate. When someone dies, a state court oversees validating the will, paying debts, and distributing assets. If there is no will, the probate court applies state intestacy law to decide who inherits. Some states have dedicated probate courts; others fold the work into the general trial court.
Small claims. Every state offers a small claims court for lower-value disputes. The dollar cap varies — typically from a few thousand dollars to around $20,000. Evidence rules are relaxed, proceedings are informal, filing fees are modest, and most people represent themselves. It is often the most practical option for disputes with a landlord, contractor, or someone who owes you money.
Specialized and problem-solving courts. Many states run drug treatment courts, veterans treatment courts, mental health courts, and sometimes housing courts. These focus on rehabilitation rather than pure punishment. Participants typically face misdemeanor or nonviolent felony charges and agree to treatment, regular check-ins, and drug testing in exchange for reduced charges or alternative sentencing.
How a State Court System Is Structured
Most states organize their courts into three tiers. The labels differ — one state’s “superior court” is another state’s “circuit court” or “district court” — but the architecture is consistent.1United States Courts. Comparing Federal and State Courts
Trial courts are where cases start. A judge or jury hears testimony, examines evidence, and reaches a verdict. Whether you are contesting a traffic ticket, fighting over custody, or defending against a criminal charge, a trial court handles it first.
Intermediate appellate courts hear appeals from the trial courts. They do not take new evidence or witnesses. A panel of judges reviews the written record and decides whether the trial court applied the law correctly.
The court of last resort, usually called the state supreme court, has the final word on questions of state law. It resolves splits among lower appellate courts and takes cases that raise especially important legal questions. Not every state has a middle appellate tier — some smaller states route appeals directly from trial courts to the supreme court.1United States Courts. Comparing Federal and State Courts
State Court vs. Federal Court
Federal courts are courts of “limited jurisdiction” and can only hear cases that fall into specific categories defined by federal law.1United States Courts. Comparing Federal and State Courts If a dispute does not fit one of those categories, it belongs in state court.
Some cases are off-limits to state courts entirely. Bankruptcy falls under the exclusive jurisdiction of federal district courts.2Office of the Law Revision Counsel. 28 USC 1334 – Bankruptcy Cases and Proceedings Patent and copyright infringement suits are likewise barred from state court by federal law.3Office of the Law Revision Counsel. 28 USC 1338 – Patents, Plant Variety Protection, Copyrights, Mask Works, Designs, Trademarks, and Unfair Competition Federal courts also handle cases involving ambassadors, disputes between states, admiralty claims, and prosecutions under federal criminal statutes.1United States Courts. Comparing Federal and State Courts
Other cases could go either way. When the parties are from different states and the amount at stake exceeds $75,000, the case qualifies for federal court under diversity jurisdiction.4Office of the Law Revision Counsel. 28 USC 1332 – Diversity of Citizenship; Amount in Controversy; Costs The plaintiff can still file in state court, but the defendant may then move it.
When a Case Gets Removed to Federal Court
A defendant can “remove” a case from state to federal court whenever the federal court would have had jurisdiction over it in the first place.5Office of the Law Revision Counsel. 28 USC 1441 – Removal of Civil Actions The deadline is tight. A defendant must file a notice of removal within 30 days of being served with the complaint. If the case was not initially removable but becomes so later — for example, because an amended complaint pushes the amount in controversy above $75,000 — the defendant gets a new 30-day window from when that change becomes apparent. For diversity-based removal, there is an outer limit of one year from the original filing, unless the court finds the plaintiff deliberately tried to prevent removal.6Office of the Law Revision Counsel. 28 USC 1446 – Procedure for Removal of Civil Actions
One important limit: a case that qualifies for federal court solely on diversity grounds cannot be removed if any defendant is a citizen of the state where the suit was filed.5Office of the Law Revision Counsel. 28 USC 1441 – Removal of Civil Actions The purpose of diversity jurisdiction is to protect out-of-state parties from local bias, and that concern disappears when the defendant is local.
How State Court Judges Get on the Bench
Federal judges are nominated by the President and confirmed by the Senate. State judges reach the bench through a patchwork of methods that varies dramatically across the country. The four main approaches:
- Partisan elections, where candidates run with a political party label.
- Nonpartisan elections, where candidates appear on the ballot without party affiliation. About 14 states use this method for their highest court.
- Gubernatorial appointment, sometimes with confirmation by the legislature or another body.
- Merit selection, often called the Missouri Plan: an independent nominating commission screens candidates and sends a shortlist to the governor, who picks from it. After an initial term, the judge faces a retention election where voters decide yes or no. About 14 states use this system for their supreme court.
Many states blend these methods. A state may use merit selection for its supreme court but partisan elections for trial judges, or fill mid-term vacancies by gubernatorial appointment even in states that otherwise elect judges.
Term lengths for state supreme court justices range from 6 to 15 years, with 6-year terms the most common (about 15 states). A handful of states grant lifetime appointments with mandatory retirement at age 70, and one state offers life tenure with no retirement requirement. Trial and appellate judges tend to serve shorter terms, commonly four to eight years. About 32 states impose a mandatory retirement age on at least some judges, most often 70, with a few setting the cutoff at 72 or 75.
Deadlines to Know Before You File
Every state court case comes with a filing deadline, called a statute of limitations. Miss it and the court will almost certainly throw the case out regardless of its merits. For personal injury claims, most states give plaintiffs somewhere between two and four years from the date of injury. Breach of contract claims typically have longer windows, often four to six years for written contracts and shorter periods for oral agreements. The deadlines vary significantly by state and by claim type, so checking the specific statute early is one of the most consequential steps in any potential lawsuit. Exceptions exist for injuries to minors, fraud that the defendant concealed, and claims against government entities, which often carry much shorter notice requirements.