When cases go to trial before a judge, there is no reason to insist on formal procedures or evidence rules. The judge should facilitate each side's presentation as is done in small claims court, rather than sit back and make the parties present their cases under arcane rules that take years to master. This approach would not violate due process, because judges would base their decisions on competent and relevant evidence.
Understanding the procedures and techniques described here will help you present a persuasive, legally proper case whether you are a plaintiff (meaning that you have filed a lawsuit yourself) or a defendant (meaning that you have been sued). Illustrated with sample forms, pleadings, and courtroom dialogues, the book will take you through the litigation process step by step, from deciding whether you have a valid legal claim or defense to preparing an appeal if you lose.
Forgoing the narratives of the sea that prevailed in his earlier works, Melville's later fiction contains some of the finest and many of his keenest and bleakest observations of life, not on the high seas, but at home in America. With the publication of this Library of America volume, the third of three volumes, all Melville's fiction has now been restored to print for the ...more
So even if it seems highly unfair, do not be surprised if you encounter initial hostility from court personnel. In your eyes, you are an individual seeking justice and doing what you have a right to do. But to the people who work in courthouses every day, you may be perceived as someone who will make their jobs more difficult. Instead of helping you, they may even attempt to put obstacles in your path, hoping that you will get discouraged and go away.
Knowing ahead of time that you may encounter a hostile attitude is the best weapon against it. Read and study this book and other legal resources, many of which are available free online or in your local library. Learn how to prepare and present a persuasive case and follow the proper procedures for the Clerk’s Office and the courtroom. If you believe that court personnel at any level are being rude to you, be courteous and professional in return, even as you insist upon fair treatment. By knowing and following court rules and courtroom techniques, you can often earn the respect of the judge and the others who work in the courtroom. As a result, you may well find that they will go out of their way to help you.
Commentators writing about pro se litigation over the past twenty years have typically described pro se litigation as a large and growing portion of the federal docket.79 However, when the scope of the inquiry is limited to nonprisoner pro se litigation, this trend does not show up in the AO data. There has been a meaningful upward trend in the total number of pro se cases. But the percent of cases brought by pro se plaintiffs has not changed significantly, as seen in Table 2A, suggesting pro se litigation comprises a relatively stable portion of the federal docket.
In 2011, the Federal Judicial Conference surveyed federal court clerks offices regarding pro se issues. They found that only 17 of 62 responding judges report that discovery is taken in most non prisoner pro se cases and only 13 reported that discovery is taken in most prisoner pro se cases.:21 In the same survey, 37% of judges found that most pro ses had problems examining witnesses, while 30% found that pro ses had no or few problems examining witnesses.:22 53% found that represented parties sometimes or frequently take advantage of pro se parties.:23 Only 5% reported problems of pro ses behaving inappropriately at hearings.:24 Respondents to the FJC study did not report any orders against non prisoner pro se litigation.
Examples Only. The forms do not try to address or cover all the different types of claims or defenses, or how specific facts might affect a particular claim or defense. Some of the forms, such as the form for a generic complaint, apply to different types of cases. Others apply only to specific types of cases. Be careful to use the form that fits your case and the type of pleading you want to file. Be careful to change the information the form asks for to fit the facts and circumstances of your case.