Representing yourself in court may seem a little scary, but winning in court is much easier than you think, especially if you understand 5 simple steps in the process and how to use each step effectively. Most people that self represent and many lawyers never learn very well how to keep things simple and work within these steps that I’ll share with you in just a minute. Thanks to Dr. Frederick Graves and his revolutionary program Jurisdictionary, How to Win in Court, you can learn how to confidently go into a courtroom setting and be well prepared to keep the opposing party and the court honest, following the rules of procedure and the rules of evidence without having to suffer through courtroom shenanigans while you put forth your best case. So, let’s begin with a basic lawsuit flowchart of a court case at a glance. If you want a copy of this Jurisdictionary flowchart, send me an email and I’ll make sure you get it. OK, here we go:
Step #1- The Plaintiff or petitioner sues the Defendant or respondent. The plaintiff alleges facts and law in support of his rights. This is commonly called a complaint which is usually the first document that is filed at the courthouse.
Step #2- The Defendant tries to avoid answering the complaint by filing a "flurry of motions". These would be motions to strike, motions to dismiss, motions for more precise statements, etc. Some motions are silly time wasters. Others are legit.
Step #3- After the motion phase, The Defendant responds to each allegation of a Complaint and further alleges facts and law affirming her defenses and basically demands the court to award her with a judgment in her favor.
Step #4- If the plaintiff or defendant can’t settle or win the case with pre-trial motions, both parties essentially now have to fight it out in a court trial. This is the formal setting for both sides to present evidence, call witnesses and make legal arguments to prove they are right and the other side is wrong.
Step #5 actually begins within the first three mentioned steps before trial. Step #5 is the Discovery step. The Plaintiff and the Defendant both should use their 5 discovery tools at all times prior to trial to get at evidence that will tend to prove their own allegations and undermine those of their opponent. The key to winning is knowing how to use these 5 discovery tools effectively! The five discovery tools which I will cover in more detail on another “Helpful Process Server” are:
1. Requests for admissions
2. Requests for production
3. Interrogatories
4. Depositions
5. Subpoenas
Learn how to use the 5 steps of this basic lawsuit flowchart and you’ll be well on your way to being confident, protecting yourself and ultimately winning in court!
To get a copy of the 5 Step Basic Lawsuit Flowchart go to this link:
http://bit.ly/1Hc1dc4
https://www.youtube.com/watch?v=ChYdA...
This video is courtesy of David Salcido, The Helpful Process Server, 480-313-2942, and the Arizona and Utah Process Server Network, helping people representing themselves in court and attorneys and paralegals with first class process service and many other legal and marketing services.
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