[ndusa]

Here are some tricks and tips that Cindy Green(thank you again) gave me, these may help some people who are new to law:

1-The secret to filing correctly and the format to use is in the Court Rules - You Must have them - the Rules are simple

2-You must file a proper complaint or it will be dismissed. If it is dismissed "with prejudice", that means you can not reopen your case. File correctly the FIRST time!

3-Use FRCP 12b6 (twelve B 6) or comparable state rule to dismiss a case for "failing to state a case for which relief can be given" when served with a frivilous complaint or your state's equivalent court rule. The most common basis for dismissal. Do not be a victim of it. Easy to avoid if you write the complaint correctly.

4-One of the FAVORITE DIRTY TRICKS is to waste court time and enlarging the trial and hearing transcript by either the prosecution or plaintiff because they know you will have to pay for a transcript on appeal that typically costs up to $5.00 per page. A half hour case can result in a $500.00 written transcript. This discourages appeals. How do you over come it??

Simply and almost free you can get a copy of the recording and buy a tape player for 30.00. Now you have the orginal hearing and all you have to do is reference your case quotations by the minuet and second in your briefs!!

Typically you would cite it in the brief "the defendant stated she was not home" (T 34:12) where that was stated at minuet 34 and 12 seconds into to the hearing.

Prepare every case as if you are going to appeal!! Learn to get all your legal positions and evidence into the record. It may be your only chance to do so.

Learn to MAKE THE LEGAL RECORD - and Understand its Importance!!

5-Always start your DISCOVERY IMMEDIATELY. This lets the opposing side know you are serious. Under the federal rules you may do so even before the case is filed or as soon as complaint is served and filed. Waste no time at all when it comes to deposing witnesses and the opposing party.

6-Opposing counsel will attempt to thwart any discovery with delays, misinformation, and other deceptive practices. File a motion to compel depostion or discovery when experencing such discovery abuse and ask for sanctions (penalties) from the court against the opposing party. Do not allow delays!

7-Always start your DISCOVERY IMMEDIATELY. Contact a court reporter service or depostion service. They will make a legal record of you deposing the defendant you are suing and your witnesses. The cost is minimal (paid by the hour) but the effect is devastating and terrifying to the defendant you are deposing. Bring a complete questioning plan with you.

8-A COMMON TACTIC by attorneys is to remove or transfer the case from your local state court to federal court if it involves a civil rights, Constitutional, federal issues of law or claim for $75,000.00 or more is made. Do NOT WORRY - they are doing you a favor, as the federal court rules are easier to follow and they also recognize the limits of the pro se. Motion the federal court for more time to prepare for the case in event of removal. Takes about 6 hours to get used to federal practice with the right book.

9-Discovery means that any and all infomation in any form be made available that will support your case, that is evidence or will lead to evidence

10-A complaint must state:
1. Who was injured (you the plaintiff),
2. Name of person (John Doe) or company that caused the injury (the defendant)
3.When and where it happened to establish the courts jurisdiction to hear the case.
4. The law violated or the nature of the injury.
5. The amount of relief sought monetary or other.
Get the Emanuel book on TORTS. Understand that Torts are the law on recoverable injuries-not just bodily but all injuries, suffering and losses. Then a book on civil procedure and evidence.

11-A case filed with "no merit" or filed "with malice" or containing element of fraud or "bad faith" will be dismissed and the plaintiff filing such can be sued for legal fees and fined by the court.

12-Understand making the "legal record" at every level of court filings and hearings. This simply means getting into evidence by court recorder and filing, thus legally establishing evidence for inclusion in any future legal action such as an appeal. Always conduct your case as if you plan an appeal by entering and preserving the evidence. Trials are about evidence

13-Appeals are made on matters of law and a notice must be made to all parties immediately. The "record" of the lower court by way of transcript must be ordered. If the court is in error an appeal must state where the error occurred based upon the court transcript. No new evidence can be brought into the case if not made part of the "record" in the initial trial unless it is new evidence undiscoverable at the time before the original trial unless the court permits it.

14-You will have to organize your filing and especially your briefs with reference markers using an index. Index tabs and seperatotrs are sold for this purpose but typically cost 6 to 8 dollars for a set of 30 tabbed separators. A typical appeal of 6-8 sets of every brief of 2 or3 or more can add up to 24 sets of tabs costing 24 x 6-8.00= $$$ Make them nearly for free.