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Posts Tagged ‘jury trial’

Preparing for Hearings or Trial

10 Aug

 

Preparing for Hearings or Trial

Preparation is everything!

Whether you’re training for the Olympics or trying to win a case in court, winners know they must exercise, prepare themselves, and be ready for the competition.

If you do things the way I teach in my affordable,official, 24-hour step-by-step Jurisdictionary“How to Win in Court” self-help course, you may not have to go to trial. Most court cases can be won before trial, if you follow a certain method of proceeding.

But! You will in all likelihood be required to prepare for and attend a few hearings and, if you don’t master what I teach in my course, you will probably have to prepare for and enter the trial arena for a final judgment.

Either way, you must prepare.

The best preparation begins when the case begins (whether you’re a plaintiff or defendant). Here is when you memorize the “pleadings” (i.e., the allegations of the plaintiff’s Complaint, the defendant’s Answer and Affirmative Defenses, and the plaintiff’s Reply to the defendant’s Affirmative Defenses.

These are the most important documents in any case! The allegations in these initial documents tell us what the parties intend to prove, indeed what they mustprove by the greater weight of admissible evidence in order to win.

Too many people worry about too many things that have nothing whatever to do with the allegations contained in the pleadings.

Everything begins and ends with the allegations contained in the initial pleadings.

If your case goes to trial, it will those allegations in your pleadings that you’ll be struggling to prove by bringing in MORE evidence in favor of your allegations than your opponent has in support of his.

Whether you’re at a hearing or a full-blown jury trial, the only facts that matter are those alleged by the pleadings. Other facts may be brought in by witnesses, documents, or tangible exhibits – but the only facts necessary are those that tend to prove or disprove the allegations of the pleadings. Everthing else is a waste of time and only results in muddying the waters and giving your opponent more opportunities to confuse the judge and discredit you!Learn from Jurisdictionary step-by-step

Now is the time to list the witnesses, documents, and tangible things you have (or can get with your 5 discovery tools explained in my course) that will tend to prove your allegations are true.

Now is the time to list the witnesses, documents, and tangible things you have (or can get with your 5 discovery tools explained in my course) that will tend to dis-prove the allegations of your opponent’s pleadings.

Now is the time to move the court to take judicial notice of all facts for which the court can be forced to take judicial notice.

Now is the time to move the court to take judicial notice of all laws that apply to the facts of the case.

Now is the time to file motions in limine to prevent your opponent from bringing in extraneous or prejudicial facts at trial.

Now is the time to file carefully-researched memoranda in support of your motions and overall legal position.

Now is the time to line up your witnesses, get affidavits of their testimony before you take their depositions, and then take their depositions so you can be assured their testimony at evidentiary hearings or trial will be what your witnesses “told” you it would be.

Now is the time to take depositions of your opponent’s witnesses, so you can undermine them and show they do not have first-hand knowledge of the facts your opponent intends to use them to present, or that they are biased, or that they are convicted felons or otherwise unreliable.

Now is the time to order my affordable, official, 24-hour step-by-step Jurisdictionary “How to Win in Court” self-help course and begin to study it carefully so you don’t find yourself behind the 8-ball when it comes time for hearingsor trial.

If you do things my way, you may not have to go to trial at all.

 

Winning in Court Means Learning Not to Lose

04 Aug

How to Lose in Court …

Win with Jurisdictionary!Too many pro se people lose in court, and today’s Tips & Tactics will tell you why!

Pro se people often send me papers to review.

Almost always, they write critically important papers as if they were “telling a story”!

BIG MISTAKE!

Effective lawsuit Complaints and responses to complaints (Answers and Defenses) and motions, legal memoranda, and other papers you must file in court (if you want to win) are not “stories”.

Do NOT tell a story!

For example, consider your pleadings – the first papers you file (whether your filing a Complaint as plaintiff or filing an Answer and Affirmative Defenses as defendant).

Your pleadings are the MOST IMPORTANT PAPERS you will file … SO THEY MUST BE WRITTEN PROPERLY!

Your pleadings say what you’re fighting about!

BUT!

They are not stories or “letters to the judge”.

If you don’t write the way Jurisdictionary teaches, you set yourself up for defeat right out of the box, even before the fight begins!

Pleadings have a purpose.

The purpose of pleadings is NOT TO TELL A STORY!

The same goes for all papers you file in court, motions, memoranda, etc. … but especially for pleadings.

Your Complaint (if you’re a plaintiff”) or Answer and Affirmative Defenses (if you’re a defendant) must be written in so it will accomplish 3 things:

  1. Allege the court has jurisdiction over the issues,
  2. Allege the necessary ultimate facts required to establish your right to a favorable judgment, and
  3. Demand judgment (and jury trial if wished).

You’ll have an opportunity to “tell your story” later with motions, memoranda, and discovery weapons as explained in the official 24-hour, step-by-step Jurisdictionary “How to Win in Court” course !

In more than 25 years as a licensed attorney, I can tell you most lawyers don’t get it … and that works to your advantage once you know what my course will teach you in just 24 hours!

Most lawyers did not learn how to write pleadings in law school. They weren’t taught about the “essential elements of causes of action”, for example. It’s true!

If you draft your papers properly (the Jurisdictionary way , of course)you’ll have a significant advantage over your opponents!

If you “tell a story” you’ll just make it easier for the other side to win!

#1 … Lawyers are famous for chasing rabbits and going on fishing expeditions. They are paid by the hour, after all! The more they write, the more they get paid. You aren’t being paid by the hour. Write little. Accomplish much!

#2 … If you write more than necessary, you give the other side more opportunities to chase rabbits and fish for facts that will not help you win!

#3 Proving a simple lawsuit is hard enough. The more facts you put in controversy, the more work you have to do.

#4 … It’s just plain stupid (unless you’re being paid by the hour) to allege more facts than the facts you must prove to win?

#5 … Judges don’t like to read. Judges are busy. Yours is not their only case! The more work you make the judge do to understand your side of the case, the more angry and frustrated the judge will become. That can’t work in your favor!

Get my official 24-hour Jurisdictionary “How to Win in Court” step-by-step course and discover just how easy it is to DO IT RIGHT THE FIRST TIME!

Demanding to see the judge’s oath of office won’t help.

Insisting YOUR NAME in all caps isn’t you won’t help.

Complaining about fringe on the courtroom flag won’t help.

DO IT RIGHT with Jurisdictionary.

“So easy an 8th grader can do it!”

If you already have my Jurisdictionary course, keep this week’s tip in mind when you start to write a paper you plan to file with the court.

If you don’t have the course, what are you waiting for?

“So easy an 8th grader can do it!”

Order now!