Court Procedure

[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.

[Codee]

Awsome!!!!!!

[ndusa]

Always at work I am lol, when I get home, I have some federal motions to post as well. Looks like about every motion you could think of, the forms, and what your filing it for all included. Think Cindy gave me that too! These cover discovery.

[Codee]

Can't Wait...

[ndusa]

Originally Posted by ndusa

Always at work I am lol, when I get home, I have some federal motions to post as well. Looks like about every motion you could think of, the forms, and what your filing it for all included. Think Cindy gave me that too!

This is what I was talking about, what motions/forms there are:

RULE 26

Form Name
26-1 Initial Disclosure.
26-2 Privilege Log.
26-3 Request by Party for Previous Statement.
26-4 Request by Nonparty for Previous Statement.
26-5 Motion by Nonparty for Statement Made by Nonparty.
26-6 Notice and Motion for Protective Order.
26-7 Notice of Motion for Order Prohibiting Taking of Deposition.
26-8 Order to Show Cause Why Notice of Deposition Should Not Be Vacated.
26-9 Motion Requiring Defendants to Bear Cost for Appearance and Deposition of Defense Expert Witnesses.
26-10 Order that Deposition upon Oral Examination Not Be Taken.
26-11 Motion for Discovery Guidance.
26-12 Order to Quash Notice to Take Depositions and Subpoenas.
26-13 Motion to Stay Discovery Proceedings and for Continuance of Action.
26-14 Motion to Stay All Discovery Pending Resolution of Certain Motions Submitted Pursuant to Stipulation.
26-15 Motion to Stay Taking of Deposition.
26-16 Motion to Enlarge (or Shorten) Time of Notice of Taking of Deposition.
26-17 Notice of Motion that Place of Taking Oral Examination Be Changed.
26-18 Order Changing Place of Deposition Upon Oral Examination.
26-19 Motion for Protective Order Limiting Scope of Deposition Upon Oral Examination.
26-20 Order Limiting Scope of Oral Examination.
26-21 Supplementation of Response to Interrogatory.
26-22 Proposed Discovery Plan.


RULE 27

27-1 Petition for Order to Perpetuate Testimony by Deposition Before Action.
27-2 Notice of Petition for Order to Take Deposition Before Action to Perpetuate Testimony.
27-3 Order to Take Depositions to Perpetuate Testimony Before Action.
27-4 Notice to Take Deposition Before Action to Perpetuate Testimony.
27-5 Motion to Perpetuate Testimony Pending Appeal.
27-6 Order Granting Leave to Perpetuate Testimony Pending Appeal.
27-7 Notice of Taking of Deposition to Perpetuate Testimony Pending Appeal.

RULE 28

28-1 Motion to Appoint Person Before Whom Deposition May Be Taken.
28-2 Order Appointing Person Before Whom Deposition May Be Taken.
28-3 Notice of Taking of Foreign Depositions Before Official.
28-4 Notice of Motion and Motion for Issuance of Commission/Letter of Request.
28-5 Order for Issuance of Commission to Take Foreign Deposition.
28-6 Commission to Take Foreign Deposition.
28-7 Notice of Time and Place of Taking of Foreign Deposition Pursuant to Commission.
28-8 Motion for Letter of Request.
28-9 Order Directing Issuance of Letter of Request.
28-10 Letter Rogatory.
28-11 Model for Letter of Request Under the Hague Convention.
28-12 Letter Rogatory Under the Inter-American Convention on Letters Rogatory.
28-13 Letter Rogatory Under the Inter-American Convention on Letters Rogatory--Additional Information.
28-14 Letter Rogatory Under the Inter-American Convention on Letters Rogatory--Certificate of Execution.

RULE 29

29-1 Stipulation Extending Time to Respond to Discovery.
29-2 Stipulation to Take Deposition Upon Oral Examination.
29-3 Stipulation for Taking of Deposition Upon Written Questions.
29-4 Stipulation Staying All Discovery Pending Action on Certain Motions.
29-5 Stipulated Protective Order Regarding Confidentiality.

RULE 30

30-1 Motion for Leave to Take Deposition of Person Confined in Prison.
30-2 Notice of Deposition Upon Oral Examination.
30-3 Notice of Deposition Upon Oral Examination by Other than Stenographic Means.
30-4 Notice of Deposition Upon Oral Examination--Naming and Describing Person Not a Party.
30-5 Notice of Deposition Upon Oral Examination--Request to Produce Documents.
30-6 Notice of Deposition Upon Oral Examination--Corporate Party.
30-7 Stipulation for Taking Oral Deposition by Telephone.
30-8 Notice of Motion to Terminate Examination.
30-9 Order Terminating Examination Because Examination Annoying, Embarrassing, and Oppressive.
30-10 Notice of Filing of Deposition.
30-11 Notice of Motion for Expenses on Failure to Attend Taking of Deposition.

RULE 31

31-1 Motion to Take Deposition of Prisoner by Deposition Upon Written Questions.
31-2 Notice of Deposition Upon Written Questions.
31-3 Questions to Be Attached to Notice for Deposition Upon Written Questions.
31-4 Cross-Questions for Deposition Upon Written Questions.
31-5 Motion to Enlarge Time for Cross-Questions.
31-6 Objections to Proposed Written Questions.
31-7 Notice of Return and Filing of Deposition Upon Written Questions.

RULE 32

32-1 Motion for Use of Deposition from Former Action.
32-2 Order Granting Motion for Use of Deposition Filed in Former Action.
32-3 Objection to Error or Irregularity in the Notice for Taking a Deposition.
32-4 Order Vacating Notice.
32-5 Order Denying Motion to Vacate Notice.
32-6 Objection to Officer Before Whom Deposition Is to Be Taken.
32-7 Motion to Suppress Deposition.

RULE 33

33-1 Interrogatories.
33-2 Interrogatories and Responses to Interrogatories.
33-3 Motion for Extension of Time Within Which to File Objections or To Answer Interrogatories.
33-4 Order Enlarging Time to File Objections and to Answer Interrogatories.
33-5 Motion to Seal Answers to Interrogatories.
33-6 Order Sealing Answers to Interrogatories.
33-7 Order Granting Party Leave to Serve Additional Interrogatories.

RULE 34

34-1 Request for Production of Documents.
34-2 Response to Request for Production of Documents.
34-3 Response to Request for Production--Another Form.
34-4 Order Permitting Entry Upon Property for Inspection.
34-5 Motion to Compel Production, Inspection and Copying of Documents.
34-6 Memorandum in Opposition to Motion to Compel Production of Documents.
34-7 Order to Compel Production of Documents.

RULE 35

35-1 Stipulation for Physical Examination.
35-2 Motion for Physical Examination.
35-3 Order Compelling Party to Submit to Physical Examination.
35-4 Request by Examined Party for Report of Findings.

RULE 36

36-1 Requests for Admission.
36-2 Motion for Extension of Time Within Which to Answer Requests for Admission.
36-3 Order Extending Time Within Which to Answer Requests for Admission.
36-4 Response to Requests for Admission.
36-5 Motion for Order That Matter Is Admitted on Grounds of Insufficiency of Answer or Objection.
36-6 Motion for Leave to Amend or Withdraw Response to Request for Admission.

RULE 37

37-1 Motion to Compel Party to Answer Question at Deposition Upon Oral Examination.
37-2 Certificate of Officer Upon Failure of Deponent to Answer Question at Deposition.
37-3 Order Compelling Party to Answer Deposition Questions.
37-4 Motion to Compel Answers to Interrogatories.
37-5 Order to Compel Answers to Interrogatories.
37-6 Motion for Contempt.
37-7 Motion for Default Judgment Against Defendant for Failure to Comply With Order for Production of Documents.
37-8 Motion for Dismissal of Action for Plaintiff's Failure to Comply With Order for Production of Documents.
37-9 Order for Default Judgment or Dismissal of Action for Failure to Comply with Order for Production of Documents.
37-10 Motion that Facts Be Taken as Established for Failing to Answer Questions at Deposition.
37-11 Motion for Order Refusing to Allow Defendant to Support or Oppose Designated Claims or Defenses.
37-12 Motion for Award of Expenses Incurred to Prove Matter Opponent Failed to Admit Under Rule 36.
37-13 Order on Refusal of Party to Submit to Physical Examination

[ndusa]

I will attempt in the near future to post EVERY SINGLE FORM ABOUVE!

[charlesa6]

It sounds good to me.

[ndusa]

Forms removed due to Banning.

[ndusa]

Forms Removed Due To Banning And Thread Hijacked

[ndusa]

Forms Removed By Ndusa