Represent Yourself in Court : How to Prepare and Try a Winning Case

by Bergman, Paul; Berman-Barrett, Sara J.

• ISBN13: 9780873376112
• ISBN10: 0873376110
• Edition: 3rd
• Format: Paperback
• Copyright: 2001-02-01
• Publisher: Nolo.Com

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	2	(2)
Can You Really Represent Yourself?	4	(1)
Coping With Being a Stranger in a Strange Land	4	(2)
Finding a Legal Coach	6	(1)
How to Use This Book	7	(3)
Try to Settle Your Case	10
The Courthouse and the Courtroom
An Overview of Different Courts	3	(1)
A Typical Courthouse	4	(3)
The Courtroom Players	7	(6)
The Courtroom and Its Physical Layout	13	(3)
Courtroom Rules, Customs and Etiquette	16
Starting Your Case
Do You Have a Good Case?	3	(2)
Is Your Lawsuit Timely?	5	(3)
Which Court Has Power to Hear a Case (Jurisdiction)?	8	(9)
How a Lawsuit Begins	17
Overview of Pre-Trial Procedures
Know and Follow Pretrial Deadlines	2	(1)
Pretrial Conferences	3	(1)
Court-Ordered Mediation and Arbitration	3	(1)
Initial Pretrial Procedures: Setting Ground Rules	4	(5)
Intermediate Pretrial Procedures: Discovery and Motions	9	(2)
Final Pretrial Procedures: Trial Preparation	11
Investigating Your Case
Informal Investigation	2	(6)
Formal Discovery	8	(4)
Depositions	12	(13)
Written Interogatories	25	(4)
Requests for Production of Documents; Subpoenas	29	(3)
Requests for Admissions	32
Settlement
Court-Ordered Mediation	4	(3)
Court-Ordered Arbitration	7	(1)
Offers of Judgment	8	(1)
Pre-Trial Settlement Conferences	9	(2)
Post-Settlement Documents	11
Pre-Trial Motions
Pre-Trial Conferences	2	(2)
Pre-Trial Motions	4	(2)
What Goes into a Motion	6	(1)
Scheduling a Court Hearing on a Pretrial Motion	6	(1)
Serving and Filing Your Documents	7	(1)
Court Hearings on Motions	8	(1)
Common Pretrial Motions	9
What You Need to Prove at Trial: The Plaintiff's Perspective
The Elements of a Legal Claim	2	(2)
How to Find the Elements of Your Claim	4	(1)
Proving Each Element	4	(2)
Your Burden of Proof	6	(1)
How to Identify Facts Proving the Elements of Your Claim	7	(5)
Looking Ahead to Trial: Organizing Your Evidence	12	(2)
Learning About Your Adversary's Case	14
What You Need to Prove at Trial: The Defendant's Perspective
Identifying the Elements of the Plaintiff's Legal Claim	3	(1)
Identifying the Plaintiff's Facts	3	(2)
Defeating Any One Element of a Claim	5	(1)
Disproving the Plaintiff's Facts by Impeaching Witnesses	6	(1)
Proving Your Version of Events	7	(1)
Putting the Defense Strategies Together	8
Selecting the Decisionmaker
Are You Eligible for a Jury Trial?	2	(1)
Are You Better Off with a Judge Trial or a Jury Trial?	2	(1)
Your Opponent's Right to Choose a Jury	3	(1)
Disqualifying a Judge	3	(2)
Making a Timely Jury Trial Request	5	(1)
How the Jury Selection Process Works	6	(2)
Your Right to Challenge Jurors	8	(3)
What Jurors Should You Challenge?	11	(1)
What to Ask Prospective Jurors	12	(4)
Alternate Jurors	16
Opening Statement
Should You Make an Opening Statement?	2	(1)
When to Make Your Opening Statement	3	(2)
How to Put Together Your Opening Statement	5	(2)
What Not to Say During Opening Statement	7	(3)
Tips for Rehearsing and Presenting Your Opening Statement	10	(2)
Sample Opening Statement	12	(1)
Sample Outline for Your Trial Notebook	13
Direct Examination
Direct Examination as Storytelling	2	(1)
Overview of Direct Examination Procedures	2	(1)
Preparing for Direct Examination	3	(5)
Presenting Your Own Testimony on Direct Examination	8	(2)
How to Question Witnesses	10	(11)
Hostile Witnesses	21	(1)
The Judge's Role	22	(1)
A Sample Direct Examination	23
Cross-Examination
An Overview of Cross-Examination	2	(1)
Should You Cross-Examine?	3	(2)
How To Ask Questions on Cross-Examination	5	(2)
Eliciting Helpful Evidence	7	(3)
Impeaching Adverse Witnesses	10	(8)
Base Questions on Evidence You Can Offer	18	(1)
If One of Your Witnesses Is Impeached	19	(1)
Preparing for Cross-Examination	20
Closing Argument
When You Deliver Closing Argument	2	(1)
Prepare and Rehearse Your Closing Argument Before Trial	2	(1)
How To Put Together a Closing Argument	3	(9)
What Not to Do in Closing Argument	12	(1)
Rebuttal Argument	13	(1)
Objections During Closing	14	(1)
Sample Closing Argument and Outline	14
Exhibits
Admitting Exhibits Into Evidence: An Overview	2	(2)
Step 1: Mark Your Exhibits and Show Them to Your Adversary	4	(1)
Step 2: Identify (Authenticate) Your Exhibits	5	(1)
Step 3: Lay a Foundation	6	(12)
Letting Jurors See Your Exhibits	18	(1)
When Exhibits Are Required: The ``Best Evidence'' Rule	19	(1)
Objecting to Your Adversary's Exhibits	20	(2)
Organizing Exhibits for Trial	22
Basic Rules of Evidence
Relevance	2	(3)
Excluding Relevant but Unfairly Prejudicial Evidence	5	(1)
The Rule Against Opinions	6	(2)
The Rule Against Character Evidence	8	(2)
Hearsay	10
Making and Responding to Objections
Objections: An Overview	2	(1)
Objections Made Before Trial: Motions In Limine	3	(1)
How to Make Objections During Trial	4	(5)
How To Respond to Your Adversary's Objections	9	(3)
Checklist of Common Objections	12
Organizing A Trial Notebook
Setting Up Your Notebook	2	(1)
Index Tab 1: Legal Pleadings	2	(1)
Index Tab 2: Discovery Materials	3	(1)
Index Tab 3: Legal Claim Outline	4	(1)
Index Tab 4: Opening Statement Outline	4	(1)
Index Tab 5: Direct Examination Outlines	4	(1)
Index Tab 6: Cross-Examination Outlines	5	(1)
Index Tab 7: Closing Argument Outline	6	(1)
Index Tab 8: Jury Trial Documents	6	(1)
Index Tab 9: Miscellaneous Documents	6
Expert Witnesses
Who Are Expert Witnesses?	2	(1)
Do You Need an Expert Witness?	2	(2)
Special Rules for Expert Witnesses	4	(2)
Finding and Hiring an Expert Witness	6	(4)
Questioning Your Expert Witness at Trial	10	(7)
Cross-Examining Your Opponent's Expert Witness	17
When Your Trial Ends: Judgments & Appeals
How Final Decisions Are Made at the End of Trial	3	(2)
Requesting a New Trial or Change in the Verdict	5	(2)
Appeals	7	(4)
Collecting and Paying Judgments	11
Representing Yourself in Divorce Court
Formulate a Divorce Game Plan	4	(9)
The Basics of family Law Explained	13	(8)
Filing for Divorce	21	(6)
How Uncontested Divorces Work	27	(4)
What Happens in a Contested Divorce	31	(6)
Modification of Support, Custody and Visitation	37
Represent Yourself in Bankruptcy Court
An Overview of Chapter 7 Bankruptcy	3	(5)
The Meeting of Creditors (341 (A) Hearing)	8	(4)
The Automatic Stay	12	(5)
Objections to Exemptions	17	(3)
Objections to the Discharge of Debts	20	(5)
Reaffirming a Debt	25	(4)
Help Beyond This Book	29
Getting Help From Attorneys: Hiring A Legal Coach
Why Consult a Lawyer?	1	(5)
How to Find and Select a Qualified Legal Coach	6	(5)
Keeping Lawyer Bills Down	11
Legal Research
What You May Want to Research	2	(3)
Sources of Information	5	(12)
Resolving Legal Research Problems	17
Glossary
Index