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

By Attorneys Paul Bergman, Sara J. Berman-Barret, Nolo Press

Description:

Prepare and present a winning
civil court case! 

Written in plain English, Represent Yourself in Court breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Find out what to say, how to say it, even where to stand when you address the judge and jury.

Armed with these simple but thorough instructions, you'll be well prepared to achieve good results, without the cost of an attorney. Find out how to:

• file court papers
• handle depositions and interrogatories
• comply with courtroom procedures
• pick a jury
• prepare your evidence and line up witnesses
• present your opening statement and closing argument
• cross-examine hostile witnesses
• understand and apply rules of evidence
• locate, hire and effectively use expert witnesses
• make and respond to your opponent's objections
• get limited help from an attorney as needed
• monitor the work of an attorney if you decide to hire one

Table of Contents

1. Going It Alone in Court

• A. The Scope of This Book
• B. Can You Really Represent Yourself?
• C. Coping With Being a Stranger in a Strange Land
• D. Finding a Legal Coach
• E. Using This Book
• F. Trying to Settle Your Case
• G. Alternatives to Trial

2. The Courthouse and the Courtroom

• A. An Overview of Different Courts
• B. A Typical Courthouse
• C. The Courtroom Players
• D. The Courtroom and Its Physical Layout
• E. Courtroom Rules, Customs, and Etiquette

3. Starting Your Case

• A. Do You Have a Good Case?
• B. Is Your Lawsuit Timely?
• C. Which Court Has the Power to Hear Your Case?
• D. Beginning a Lawsuit

4. Pretrial Procedures

• A. Know and Follow Pretrial Deadlines
• B. Pretrial Conferences
• C. Court-Ordered Mediation and Arbitration
• D. Initial Pretrial Procedures: Setting Ground Rules
• E. Intermediate Pretrial Procedures: Discovery and Motions
• F. Final Pretrial Procedures: Trial Preparation

5. Investigating Your Case

• A. Informal Investigation
• B. Formal Discovery
• C. Depositions
• D. Written Interrogatories
• E. Requests for Production of Documents and Subpoenas
• F. Requests for Admissions

6. Settlement

• A. Court-Ordered Mediation
• B. Court-Ordered Arbitration
• C. Offers of Judgment
• D. Pretrial Settlement Conferences
• E. Post-Settlement Documents

7. Pretrial Motions

• A. Overview of Pretrial Motion Practice
• B. Is a Motion Necessary?
• C. What Goes Into a Motion?
• D. Scheduling a Court Hearing on a Pretrial Motion
• E. Serving and Filing Your Documents
• F. Court Hearings on Motions
• G. Common Pretrial Motions

8. Proving Your Case at Trial: The Plaintiff's Perspective

• A. The Elements of a Legal Claim
• B. Finding the Elements of Your Claim
• C. Proving Each Element
• D. Your Burden of Proof
• E. Identifying Facts to Prove the Elements of Your Claim
• F. Looking Ahead to Trial: Organizing Your Evidence
• G. Learning About Your Adversary's Case

9. Proving Your Case at Trial: The Defendant's Perspective

• A. Identifying the Elements of the Plaintiff's Legal Claim
• B. Identifying the Plaintiff's Facts
• C. Defeating Any One Element of a Claim
• D. Disproving the Plaintiff's Facts by Impeaching Witnesses
• E. Proving Your Version of Events
• F. Putting Defense Strategies Together

10. Selecting the Decision Maker

• A. Are You Eligible for a Jury Trial?
• B. Are You Better Off With a Judge or a Jury?
• C. Your Opponent's Right to a Jury Trial
• D. Disqualifying a Judge
• E. Making a Timely Request for a Jury Trial
• F. The Jury Selection Process
• G. Your Right to Challenge Jurors
• H. What Jurors Should You Challenge?
• I. What Should You Ask Prospective Jurors?
• J. Alternate Jurors

11. Opening Statement

• A. Should You Make an Opening Statement?
• B. When to Make Your Opening Statement
• C. Putting Together Your Opening Statement
• D. What Not to Say During Your Opening Statement
• E. Rehearsing and Presenting Your Opening Statement
• F. Sample Opening Statement and Outline

12. Direct Examination

• A. Direct Examination as Storytelling
• B. Overview of Direct Examination Procedures
• C. Preparing for Direct Examination
• D. Presenting Your Own Testimony on Direct Examination
• E. Questioning Witnesses
• F. Hostile Witnesses
• G. The Judge's Role
• H. Sample Direct Examination

13. Cross-Examination

• A. Overview of Cross-Examination
• B. Should You Cross-Examine?
• C. Asking Questions on Cross-Examination
• D. Eliciting Helpful Evidence
• E. Impeaching Adverse Witnesses
• F. Basing Questions on Evidence You Can Offer
• G. What to Do If Your Witness Is Impeached
• H. Preparing for Cross-Examination

14. Closing Argument

• A. When to Deliver Your Closing Argument
• B. Preparing and Rehearsing Your Closing Argument
• C. Putting Together a Closing Argument
• D. What Not to Say During Your Closing Argument
• E. Rebuttal Argument
• F. Objections During Closing
• G. Sample Closing Argument and Outline

15. Exhibits

• A. Overview of Admitting Exhibits Into Evidence
• B. Step 1: Mark Your Exhibits and Show Them to Your Adversary
• C. Step 2: Identify (Authenticate) Your Exhibits
• D. Step 3: Lay a Foundation
• E. Letting Jurors See Your Exhibits
• F. When Exhibits Are Required: The Best Evidence Rule
• G. Objecting to Your Adversary's Exhibits
• H. Organizing Exhibits for Trial

16. Basic Rules of Evidence

• A. Relevance
• B. Excluding Relevant but Unfairly Prejudicial Evidence
• C. The Rule Against Opinions
• D. The Rule Against Character Evidence
• E. Hearsay

17. Making and Responding to Objections

• A. Overview of Objections
• B. Objections Made Before Trial: Motions in Limine
• C. Making Objections During Trial
• D. Responding to Your Adversary's Objections
• E. Checklist of Common Objections

18. Organizing a Trial Notebook

• A. Setting Up Your Notebook
• B. Index Tab 1: Legal Pleadings
• C. Index Tab 2: Discovery Materials
• D. Index Tab 3: Legal Claim Outline
• E. Index Tab 4: Opening Statement Outline
• F. Index Tab 5: Direct Examination Outlines
• G. Index Tab 6: Cross-Examination Outlines
• H. Index Tab 7: Closing Argument Outline
• I. Index Tab 8: Jury Trial Documents
• J. Index Tab 9: Miscellaneous Documents

19. Expert Witnesses

• A. Who Are Expert Witnesses?
• B. Do You Need an Expert Witness?
• C. Special Rules for Expert Witnesses
• D. Finding and Hiring an Expert Witness
• E. Questioning Your Expert Witness at Trial
• F. Cross-Examining Your Opponent's Expert Witness

20. When Your Trial Ends: Judgments and Appeals

• A. How Final Decisions Are Made at the End of Trial
• B. Requesting a New Trial or Change in the Verdict
• C. Appeals
• D. Collecting and Paying Judgments

21. Representing Yourself in Divorce Court

• A. Formulating a Divorce Game Plan
• B. Understanding the Basics of Family Law
• C. Filing for Divorce
• D. How Uncontested Divorces Work
• E. How Contested Divorces Work
• F. Modification of Support, Custody, and Visitation

22. Representing Yourself in Bankruptcy Court

• A. The Chapter 7 Bankruptcy Process
• B. Meeting of Creditors (341(a) Hearing)
• C. Relief From Stay Hearing
• D. Objection to Exemption Hearing
• E. Discharge of Debt Hearing
• F. Reaffirmation of Debt Hearing
• G. Getting Help Beyond This Book

23. Getting Help From an Attorney: Hiring a Legal Coach

• A. Why Consult a Lawyer?
• B. Finding and Selecting a Qualified Legal Coach
• C. Keeping Lawyer Bills Down

24. Researching the Law

• A. What You May Want to Research
• B. Sources of Information
• C. Resolving Legal Research Problems

Glossary

Index