Represent Yourself in Court: Prepare and Try a Winning Civil Case, Includes Sample Documents and Glossary

Description

Cover Title Page Table of Contents 1: Going It Alone in Court The Scope of This Book A Note to Law Students Can You Really Represent Yourself? Coping With Being a Stranger in a Strange Land Civility Arranging for Unbundled (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 2: The Courthouse and the Courtroom An Overview of Different Courts A Typical Courthouse The Courtroom Players The Courtroom and Its Physical Layout Courtroom Rules, Customs, and Etiquette 3: 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 4: 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 5: Investigating Your Case Informal Investigation Formal Discovery Depositions Written Interrogatories Requests for Production of Documents and Subpoenas Requests for Admissions 6: Settlement Court-Ordered Mediation Court-Ordered Arbitration Offers of Judgment Pretrial Settlement Conferences Post-Settlement Documents 7: 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 8: Proving Your Case at Trial: The Plaintiff’s Perspective The Elements of a Legal Claim Finding the Elements of Your 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 9: 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 10: 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 The Jury Selection Process Your Right to Challenge Jurors What Jurors Should You Challenge? What Should You Ask Prospective Jurors? Alternate Jurors 11: Opening Statement Should You Make an Opening Statement? When to Make Your Opening Statement Putting Together Your Opening Statement What Not to Say During Your Opening Statement Rehearsing and Presenting Your Opening Statement Sample Opening Statement and Outline 12: 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 The Judge’s Role Sample Direct Examination 13: 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 14: 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 15: 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 16: Basic Rules of Evidence Relevance Excluding Relevant but Unfairly Prejudicial Evidence Opinion Evidence Rules Excluding Evidence Based on Social Policies Habit Evidence Hearsay Authentication of Documents and Other Tangible Exhibits 17: 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 18: 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 19: 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 20: 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 21: 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 22: Representing Yourself in Bankruptcy Court The 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 23: Help Beyond the Book: People, Places, and Publications What You May Want to Research Sources of Information Glossary Index Book Registration Additional Small Claims Court & Lawsuits Resources at Nolo.com