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Represent yourself in court: how to prepare & try a winning case
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Author
Publisher
Nolo
Publication Date
2013.
Edition
8th ed.
Language
English
Description
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Table of Contents
From the Book - 8th ed.
Going It Alone In Court:
Scope of this book
Can you really represent yourself?
Coping with being a stranger in a strange land
Civility
Arranging for limited-scope legal representation
Pro se-friendly court rules and procedures
Online legal assistance
Using this book
Trying to settle your case
Alternatives to trial
Courthouse And The Courtroom:
Overview of different courts
Typical courthouse
Courtroom players
Courtroom and its physical layout
Courtroom rules, customs, and etiquette
Starting Your Case:
Do you have a good case?
Is your lawsuit timely?
Which court has the power to hear your case?
Beginning a lawsuit
Pretrial Procedures:
Know and follow pretrial deadlines
Pretrial conferences
Court-ordered mediation and arbitration
Initial pretrial procedures: setting ground rules
Intermediate pretrial procedures: discovery and motions
Final pretrial procedures: trial preparation
Investigating Your Case:
Informal investigation
Formal discovery
Depositions
Written interrogatories
Requests for production of documents and subpoenas
Requests for admissions
Settlement:
Court-ordered mediation
Court-ordered arbitration
Offers of judgment
Pretrial settlement conferences
Post-settlement documents
Pretrial Motions:
Overview of pretrial motion practice
Is a motion necessary?
What goes into a motion?
Scheduling a court hearing on a pretrial motion
Serving and filing your documents
Court hearings on motions
Common pretrial motions
Proving Your Case At Trial: The Plaintiff's Perspective:
Elements of a legal claim
Finding the elements of our claim
Proving each element
Your burden of proof
Identifying facts to prove the elements of your claim
Looking ahead to trial: organizing your evidence
Learning about your adversary's case
Proving Your Case At Trial: The Defendant's Perspective:
Identifying the elements of the plaintiff's legal claim
Identifying the plaintiff's facts
Defeating any one element of a claim
Disproving the plaintiff's facts by impeaching witnesses
Proving your version of events
Putting defense strategies together
Selecting The Decision Maker:
Are you eligible for a jury trial?
Are you better off with a judge or a jury?
Your opponent's right to a jury trial
Disqualifying a judge
Making a timely request for a jury trial
Jury selection process
Your right to challenge jurors
What should you ask prospective jurors?
Alternate jurors
Opening Statement:
Should you make an opening statement?
When to make your opening statement
Putting together you opening statement
What not to say during your opening statement
Rehearsing and presenting your opening statement
Sample opening statement and outline
Direct Examination:
Direct examination as storytelling
Overview of direct examination procedures
Preparing for direct examination
Presenting your own testimony on direct examination
Questioning witnesses
Hostile witnesses
Judge's role
Sample direct examination
Cross-Examination:
Overview of cross-examination
Should you cross-examine?
Asking questions on cross-examination
Eliciting helpful evidence
Impeaching adverse witnesses
Basing questions on evidence you can offer
What to do if your witness is impeached
Preparing for cross-examination
Closing Argument:
When to deliver your closing argument
Preparing and rehearsing your closing argument
Putting together a closing argument
What not to say during your closing argument
Rebuttal argument
Objections during closing
Sample closing argument and outline
Exhibits:
Overview of admitting exhibits into evidence
Step 1: Mark your exhibits and show them to your adversary
Step 2: Identify (authenticate) your exhibits
Step 3: Lay a foundation
Letting jurors see your exhibits
When exhibits are required: the best evidence rule
Objecting to your adversary's exhibits
Organizing exhibits for trial
Basic Rules Of Evidence:
Relevance
Excluding relevant but unfairly prejudicial evidence
Rule against opinions
Rules excluding evidence based on social policies
Hearsay
Making And Responding To Objections:
Overview of objections
Objections made before trial: motions in limine
Making objections during trial
Responding to your adversary's objections
Checklist of common objections
Organizing A Trial Notebook:
Setting up your notebook
Index Tab 1: Legal pleadings
Index Tab 2: Discovery materials
Index Tab 3: Legal claim outline
Index Tab 4: Opening statement outline
Index Tab 5: Direct examination outlines
Index Tab 6: Cross-examination outlines
Index Tab 7: Closing argument outline
Index Tab 8: Jury trial documents
Index Tab 9: Miscellaneous documents
Expert Witnesses:
Who are expert witnesses?
Do you need an expert witness?
Special rules for expert witnesses
Finding and hiring an expert witness
Questioning your expert witness at trial
Cross-examining your opponent's expert witness
When Your Trial Ends: Judgments And Appeals:
How final decisions are made at the end of trial
Requesting a new trial or change in the verdict
Appeals
Collecting and paying judgments
Representing Yourself In Family Court:
Formulate a divorce game plan
Understanding the basics of family law
Filing for divorce
How uncontested divorces work
How contested divorces work
Modification of support, custody, and visitation
Representing Yourself In Bankruptcy Court:
Chapter 7 bankruptcy process
Meeting of creditors (341(a) hearing)
Relief from stay hearing
Objection to exemption hearing
Discharge of debt hearing
Reaffirmation of debt hearing
Getting help beyond this book
Help Beyond The Book: People, Places, And Publications
What you may want to research
Sources of information
Glossary
Index.
Excerpt
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Author Notes
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