More brutal than the motion to dismiss, the motion for summary judgment can be the Grim Reaper for a case. While an order on the motion to dismiss might give a plaintiff a chance to “fix” problems, summary judgment does not provide a “do-over”. When it’s done, it’s done. You slay. They die. So, if you feel you have the grounds for summary judgment, go for it. And if you need help representing yourself in civil court, it’s time to join Courtroom5.
In this edition of Litigator’s Edge, our Courtroom5 Tip is on how to get a continuance for a hearing or trial. In Legal Strategy, we discuss the importance of having matters heard in the right order at a hearing. Join us for Sunday afternoon Workshops. Stay up to date in Latest from the Blog and In the Community. Courtroom5 Tip Getting a Continuance When […]
If asked, most pro se litigants would probably say that a legal argument before a judge is an intimidating, confusing pain in the butt. Others might call it powerful and rewarding. Nonetheless, a legal argument must be endured if you’re to save your house, get custody of your children, and so on. It should be crafted to persuade a judge to rule in your favor.
Elements of a claim or defense are the most important building blocks of a case. They’re the engine in a train, the heat in boiling water, the lemons in lemonade, the zip in a zipper! In litigation, elements are everything that make up a case. Ignore them at your peril.
While the job of a motion is to persuade a judge to rule in your favor on a single issue, the purpose of writing a pleading is to make allegations of fact clear to both the court and the opposing party. Following these writing tips, will help you make those points more effectively.
Expect your first court hearing to be the beginning of a lengthy process involving multiple hearings and heaps of paperwork! When you know what to expect for it, your anxiety level will go down. It may not disappear, but it’ll decrease. So, for your own peace of mind, prepare yourself well for the first hearing and the rest will be so much easier. Here’s what you need to know before heading in.
Though you can’t go through a clerk’s files and pull documents to edit them, you can correct the record by using amendments and supplements. They essentially let you make a mistake and correct it later without harming your case. So, never feel as if you’re stuck with something you wrote. If it’s inaccurate, add something that corrects it.
Handling a divorce pro se is challenging, especially if you’re not clear about what to expect during the process. These tips will help you increase your chances of getting the desired outcome and getting what you deserve.
Far too often pro se litigants lose cases where they should win–all because of problems writing a motion. This should never happen, but it does. These tips will give you a better likelihood of succeeding, especially in cases where you have the law, the facts, or both on your side.