Represent Yourself in Court

by Bergman, Paul; Berman-Barrett, Sara J.; Randolph, Mary; Warner, Ralph E.

• ISBN13: 9780873374026
• ISBN10: 0873374029
• Format: Paperback
• Copyright: 1998-01-01
• Publisher: Nolo

Summary

Many disputes are too big for small claims court, but too small to justify a lawyer's contingency fee. Fortunately, with the help of this book, you can handle your own case-from start to finish.

Author Biography

Paul Bergman is a Professor of Law at the UCLA School of Law Sara J. Berman-Barrett is an attorney and bar review professor

Table of Contents

Going it Alone in Court
The Scope of This Book	p. 3
Can You Really Represent Yourself?	p. 4
Coping With Being a Stranger in a Strange Land	p. 5
Finding a Legal Coach	p. 6
Using This Book	p. 8
Trying to Settle Your Case	p. 11
Alternatives to Trial	p. 11
The Courthouse and the Courtroom
An Overview of Different Courts	p. 3
A Typical Courthouse	p. 5
The Courtroom Players	p. 7
The Courtroom and Its Physical Layout	p. 13
Courtroom Rules, Customs, and Etiquette	p. 16
Starting Your Case
Do You Have a Good Case?	p. 3
Is Your Lawsuit Timely?	p. 5
Which Court Has the Power to Hear Your Case?	p. 8
Beginning a Lawsuit	p. 17
Pretrial Procedures
Know and Follow Pretrial Deadlines	p. 2
Pretrial Conferences	p. 3
Court-Ordered Mediation and Arbitration	p. 3
Initial Pretrial Procedures: Setting Ground Rules	p. 4
Intermediate Pretrial Procedures: Discovery and Motions	p. 9
Final Pretrial Procedures: Trial Preparation	p. 11
Investigating Your Case
Informal Investigation	p. 2
Formal Discovery	p. 8
Depositions	p. 12
Written Interrogatories	p. 26
Requests for Production of Documents and Subpoenas	p. 30
Requests for Admissions	p. 33
Settlement
Court-Ordered Mediation	p. 4
Court-Ordered Arbitration	p. 8
Offers of Judgment	p. 9
Pretrial Settlement Conferences	p. 10
Post-Settlement Documents	p. 12
Pretrial Motions
Overview of Pretrial Motion Practice	p. 2
Is a Motion Necessary?	p. 6
What Goes Into a Motion?	p. 6
Scheduling a Court Hearing on a Pretrial Motion	p. 8
Serving and Filing Your Documents	p. 9
Court Hearings on Motions	p. 9
Common Pretrial Motions	p. 11
Proving Your Case at Trial: the Plaintiff's Perspective
The Elements of a Legal Claim	p. 2
Finding the Elements of Your Claim	p. 4
Proving Each Element	p. 4
Your Burden of Proof	p. 6
Indentifying Facts to Prove the Elements of Your Claim	p. 7
Looking Ahead to Trial: Organizing Your Evidence	p. 12
Learning About Your Adversary's Case	p. 14
Proving Your Case at Trial: The Defendant's Perspective
Identifying the Elements of the Plaintiff's Legal Claim	p. 3
Identifying the Plaintiff's Facts	p. 3
Defeating Any One Element of a Claim	p. 5
Disproving the Plaintiff's Facts by Impeaching Witnesses	p. 6
Proving Your Version of Events	p. 7
Putting Defense Strategies Together	p. 8
Selecting the Decision Maker
Are You Eligible for a Jury Trial?	p. 2
Are You Better Off With a Judge or a Jury?	p. 2
Your Opponent's Right to a Jury Trial	p. 3
Disqualifying a Judge	p. 3
Making a Timely Request for a Jury Trial	p. 5
The Jury Selection Process	p. 6
Your Right to Challenge Jurors	p. 8
What Jurors Should You Challenge?	p. 11
What Should You Ask Prospective Jurors?	p. 12
Alternate Jurors	p. 16
Opening Statement
Should You Make an Opening Statement?	p. 2
When to Make Your Opening Statement	p. 3
Putting Together Your Opening Statement	p. 5
What Not to Say During Your Opening Statement	p. 7
Rehearsing and Presenting Your Opening Statement	p. 10
Sample Opening Statement and Outline	p. 12
Direct Examination
Direct Examination as Storytelling	p. 2
Overview of Direct Examination Procedures	p. 3
Preparing for Direct Examination	p. 4
Presenting Your Own Testimony on Direct Examination	p. 8
Questioning Witnesses	p. 9
Hostile Witnesses	p. 20
The Judge's Role	p. 22
Sample Direct Examination	p. 23
Cross-Examination
Overview of Cross-Examination	p. 2
Should You Cross-Examine?	p. 4
Asking Questions on Cross-Examination	p. 5
Eliciting Helpful Evidence	p. 7
Impeaching Adverse Witnesses	p. 10
Basing Questions on Evidence You Can Offer	p. 18
What to Do If Your Witness Is Impeached	p. 19
Preparing for Cross-Examination	p. 20
Closing Argument
When to Deliver Your Closing Argument	p. 2
Preparing and Rehearsing Your Closing Argument	p. 2
Putting Together a Closing Argument	p. 3
What Not to Say During Your Closing Argument	p. 12
Rebuttal Argument	p. 13
Objections During Closing	p. 14
Sample Closing Argument and Outline	p. 14
Exhibits
Overview of Admitting Exhibits Into Evidence	p. 2
Step 1: Mark Your Exhibits and Show Them to Your Adversary	p. 5
Step 2: Identify (Authenticate) Your Exhibits	p. 6
Step 3: Lay a Foundation	p. 7
Letting Jurors See Your Exhibits	p. 19
When Exhibits Are Required: The Best Evidence Rule	p. 20
Objecting to Your Adversary's Exhibits	p. 21
Organizing Exhibits for Trial	p. 23
Basic Rules of Evidence
Relevance	p. 2
Excluding Relevant but Unfairly Prejudicial Evidence	p. 5
The Rule Against Opinions	p. 6
The Rule Against Character Evidence	p. 8
Hearsay	p. 10
Making and Responding to Objections
Overview of Objections	p. 2
Objections Made Before Trial: Motions in Limine	p. 3
Making Objections During Trial	p. 4
Responding to Your Adversary's Objections	p. 9
Checklist of Common Objections	p. 12
Organizing a Trial Notebook
Setting Up Your Notebook	p. 2
Index Tab 1: Legal Pleadings	p. 2
Index Tab 2: Discovery Materials	p. 3
Index Tab 3: Legal Claim Outline	p. 4
Index Tab 4: Opening Statement Outline	p. 4
Index Tab 5: Direct Examination Outlines	p. 4
Index Tab 6: Cross-Examination Outlines	p. 5
Index Tab 7: Closing Argument Outline	p. 6
Index Tab 8: Jury Trial Documents	p. 6
Index Tab 9: Miscellaneous Documents	p. 6
Expert Witnesses
Who Are Expert Witnesses?	p. 2
Do You Need an Expert Witness?	p. 2
Special Rules for Expert Witnesses	p. 4
Finding and Hiring an Expert Witness	p. 7
Questioning Your Expert Witness at Trial	p. 11
Cross-Examining Your Opponent's Expert Witness	p. 17
When Your Trial Ends: Judgments and Appeals
How Final Decisions Are Made at the End of Trial	p. 3
Requesting a New Trial or Change in the Verdict	p. 5
Appeals	p. 7
Collecting and Paying Judgments	p. 11
Representing Yourself in Divorce Court
Formulating a Divorce Game Plan	p. 4
Understanding the Basics of Family Law	p. 16
Filing for Divorce	p. 23
How Uncontested Divorces Work	p. 25
How Contested Divorces Work	p. 29
Modification of Support, Custody, and Visitation	p. 40
Representing Yourself in Bankruptcy Court
The Chapter 7 Bankruptcy Process	p. 3
Meeting of Creditors (341(a) Hearing)	p. 5
Relief From Stay Hearing	p. 6
Objection to Exemption Hearing	p. 8
Discharge of Debt Hearing	p. 9
Reaffirmation of Debt Hearing	p. 10
Getting Help Beyond This Book	p. 11
Getting Help from an Attorney: Hiring a Legal Coach
Why Consult a Lawyer?	p. 2
Finding and Selecting a Qualified Legal Coach	p. 5
Keeping Lawyer Bills Down	p. 12
Researching the Law
What You May Want to Research	p. 2
Sources of Information	p. 5
Resolving Legal Research Problems	p. 16
Glossary
Index
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