Represent yourself in court : how to prepare & try a winning case

by Paul Bergman

Other authorsSara J. Berman-Barrett (Author), Mike Twohy (Illustrator)
Print book, c2016

Status

Available

Call number

KF8841 .B47

LCC

KF8841 .B47

ISBN

9781413323085

Barcode

2000000678

Publication

Berkeley, CA : Nolo

Physical description

536 p.; 26 cm

Local notes

Represent yourself in court : how to prepare & try a winning case contents: Ch. 1: Going it alone in court. Page 2 - The scope of this book. Page 5 - A note to law students. Can you really represent yourself? Page 7 - Coping with being a stranger in a strange land. Civility. Page 9 - Arranging for unbundled (limited-scope) legal representation. Page 13 - Pro se -friendly court rules and procedures. Page 14 - Online legal assistance. Page 15 - Using this book. Page 17 - Trying to settle your case. Alternatives to trial. Ch. 2: The courthouse and the courtroom. Page 25 - An overview of different courts. Page 26 - A typical courthouse. Page 29 - The courtroom players. Page 35 - The courtroom and its physical layout. Page 38 - Courtroom rules, customs, and etiquette. Ch. 3: Starting your case. Page 45 - Do you have a good case? Page 48 - Is your lawsuit timely? Page 52 - Which court has the power to hear your case? Page 62 - Beginning a lawsuit. Ch. 4: Pretrial procedures. Page 80 - Know and follow pretrial deadlines. Page 81 - Pretrial conferences. Court - ordered mediation and arbitration. Page 82 - Initial pretrial procedures: setting ground rules. Page 86 - Intermediate pretrial procedures: discovery and motions. Page 90 - Final pretrial procedures: trial preparation. Ch. 5: Investigating your case. Page 100 - Informal investigation. Page 106 - Formal discovery. Page 110 -Depositions. Page 126 - Written interrogatories. Page 131 - Requests for production of documents and subpoenas. Page 135 - Requests for admissions. Ch. 6: Settlement. Page 142 - Court - ordered mediation. Page 146 - Court - ordered arbitration. Page 148 - Offers of judgment. Page 149 - Pretrial settlement conferences. Page 151 - Post - settlement documents. Ch. 7: Pretrial motions. Page 154 - Overview of pretrial motion practice. Page 158 - Is a motion necessary? What goes into a motion? Page 160 - Scheduling a court hearing on a pretrial motion. Serving and filing your documents. Page 161 - Court hearings on motions. Page 163 - Common pretrial motions. Ch. 8: Proving your case at trial: the plaintiff's perspective. Page 190 - The elements of a legal claim. Page 192 - Finding the elements of your claim. Proving each element. Page 195 - Your burden of proof. Page 196 - Identifying facts to prove the elements of your claim. Page 201 - Looking ahead to trial: organizing your evidence. Page 204: Learning about your adversary's case. Ch. 9: Proving your case at trial: the defendant's perspective. Page 207 - Identifying the elements of the plaintiff's legal claim. Identifying the plaintiff's facts. Page 209 - Defeating any one element of a claim. Page 210 - Disproving the plaintiff's facts by impeaching witnesses. Page 211 - Proving your version of events. Page 212 - Putting defense strategies together. Ch. 10: Selecting the decision maker. Page 218 - Are you eligible for a jury trial? Are you better off with a judge or a jury? Page 219 - Your opponent's right to a jury trial. Disqualifying a judge. Page 221 - Making a timely request for a jury trial. Page 222 - The jury selection process. Page 224 - Your right to challenge jurors. Page 228 - What jurors should you challenge? Page 229 - What should you ask prospective jurors? Page 232 - Alternate jurors. Ch. 11: Opening statement. Page 236 - Should you make an opening statement? Page 237 - When to make your opening statement. Page 238 - Putting together your opening statement. Page 240 - What not to say during your opening statement. Page 244 - Rehearsing and presenting your opening statement. Page 245 - Sample opening statement and outline. Ch. 12: Direct examination. Page 250 - Direct examination as storytelling. Overview of direct examination procedures. Page 252 - Preparing for direct examination/ Page 256 - Presenting your own testimony on direct examination. Page 257 - Questioning witnesses. Page 268 - Hostile witnesses. Page 270 - The judge's role. Page 271 - Sample direct examination. Ch. 13: Cross - examination. Page 276 - Overview of cross - examination. Page 278 - Should you cross - examine? Page 279 - Asking questions on cross - examination. Page 281 - Eliciting helpful evidence. Page 284 - Impeaching adverse witnesses. Page 292 - Basing questions on evidence you can offer. Page 292 - What to do if your witness is impeached? Page 293 - Preparing for cross - examination. Ch. 14: Closing argument. Page 296 - When to deliver your closing argument. Preparing and rehearsing your closing argument. Page 297 - Putting together a closing argument. Page 307 - What Not to say during your closing argument. Page 308 - Rebuttal argument. Objections during closing. Page 309 - Sample closing argument and outline. Ch. 15: Exhibits. Page 316 - Overview of admitting exhibits into evidence. Page 317 - Step 1: mark your exhibits and show them to your adversary. Page 319 - Step 2: identify (authenticate) your exhibits. Step 3: lay a foundation. Page 332 - Letting jurors see your exhibits. Page 333 - When exhibits are required: the best evidence rule. Objecting to your adversary's exhibits. Page 336 - Organizing exhibits for trial. Ch. 16: Basic rules of evidence. Page 338 - Relevance. Page 340 - Excluding relevant but unfairly prejudicial evidence. Page 341 - The rule against opinions. Page 344 - Rules excluding evidence based on social policies. Page 347 - Hearsay. Ch. 17: Making and responding to objections. Page 358 - Overview of objections. Page 359 - Objections made before trial: motions in limine. Page 360 - Making objections during trial. Page 365 - Responding to your adversary's objections. Page 369 - Checklist of common objections. Ch. 18: Organizing a trial notebook. Page 376 - Setting up your notebook. Index tab 1: legal pleadings. Page 377 - Index tab 2: discovery materials. Page 378 - Index tab 3: legal claim outline. Index tab 4: opening statement outline. Index tab 5: direct examination outlines. Page 379 - Index tab 6: cross - examination outlines. Page 380 - Index tab 7: closing argument outline. Index tab 8: jury trial documents. Page 381 - Index tab 9: miscellaneous documents. Ch. 19: Expert witnesses. Page 384 - Who are expert witnesses? Do you need an expert witness? Page 386 - Special rules for expert witnesses. Page 389 - Finding and hiring an expert witness. Page 393 - Questioning your expert witness as trial. Page 400 - Cross - examining your opponent's expert witness. Ch. 20: When your trial ends: judgments and appeals. Page 405 - How final decisions are made at the end of trial. Page 407 - Requesting a new trial or change in the verdict. Page 409 - Appeals. Page 413 - Collecting and paying judgments. Ch. 21: Representing yourself in family court. Page 426 - Formulate a divorce game plan. Page 439 - Understanding the basics of family law. Page 447 - Filing for divorce. Page 449 - How uncontested divorces work. Page 453 - How contested divorces work. Page 459 - Modification of support, custody, and visitation. Ch. 22: Representing yourself in bankruptcy court. Page 470 - The chapter 7 bankruptcy process. Page 473 - Meeting of creditors (341(a) hearing). Page 474 - Relief from stay hearing. Page 476 - Objection to exemption hearing. Page 478 - Discharge of debt hearing. Page 479 - Reaffirmation of debt hearing. Page 480 - Getting help beyond this book. Ch. 23: Help beyond the book. Page 483 - People, places, and publications. Page 484 - What you may want to research. Page 487 - Sources of information. Includes illustration credits, table of contents, sample forms, glossary and subject index.

Description

"Sometimes it makes sense to handle a court case without an attorney. This book breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Whether you're a plaintiff or a defendant, this book will help you confidently handle a divorce, personal injury case, landlord/tenant dispute, breach of contract, small business dispute, or any other civil lawsuit. This edition has been revised with the latest rules and court procedures, and includes updated information on electronic discovery rules and fax filing procedures. Plus, you'll get enhanced materials on court assistance for pro per litigants and an expanded discussion of self-representation in bankruptcy court"--

Language

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