A party seeking equity must come to court with “clean hands”. Makes sense, right? You go to court seeking justice for a wrong someone’s done to you. But when you’ve done something foul yourself, don’t ask a court to help you gain from it.
Don’t you just hate it when people wait to complain about something you did? You might have explained the circumstances or defended yourself if they’d said something at the time. But now you don’t remember the details. The law has an affirmative defense that could help in this situation, the doctrine of laches.
As pro se litigants, we often dive into the courtroom without understanding the claims we’re fighting. The essential step in developing a litigation strategy is to understand the element of each claim and each affirmative defense. Just as you don’t make cement without iron, don’t file a claim or assert a defense without the proper elements.
Analyze your case to create an effective litigation strategy. It’s a process of finding the elements of each claim and defense, and testing them against available facts and evidence. Bonus: It’s not rocket science.
It’s been 30 years since Twisted Sister dropped their famous track, “We’re Not Gonna Take It,” about teen rebellion against authoritarian parents. Self-represented litigants are screaming this anthem as they drag abusive companies into court to pay for their misdeeds.
Everybody hates litigation. You just want it to end quickly, especially when you’re the defendant. A good motion to dismiss can make that happen, but the threshold is very high. The typical strategy is to attack the sufficiency of a complaint, to show that a required fact has not been alleged. If you focus solely on what’s contained within the four corners of the complaint, you just might find that one weakness that gets the case dismissed.