Synopses & Reviews
Prepare and present a winning civil court case!
Sometimes it makes sense to handle a court case without an attorney. Learn about acting as your own lawyer in Nolo's easy-to-use, plain-English guide, Represent Yourself in Court.
This book 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. Get details on 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
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.
The 7th 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.
Synopsis
Here's the low-down on how to handle a civil court case from start to finish. Readers learn how to: analyze the legitimacy of a case, make an opening statement, line up persuasive witnesses, present testimony in court, cross-examine opponents, pick a jury. For people dealing with a personal injury claim, a landlord-tenant dispute, a small business scrape or any of the dozens of other possible legal muddles, this book points the way through the complex court system. Includes a chapter dealing with the specifics of handling a divorce, child custody or child support action.
Table of Contents
1. Going It Alone in Court
The Scope of This Book Can You Really Represent Yourself? Coping With Being a Stranger in a Strange Land Finding a Legal Coach Using This Book Trying to Settle Your Case Alternatives to Trial 2. The Courthouse and the Courtroom An Overview of Different Courts A Typical Courthouse The Courtroom Players The Courtroom and Its Physical Layout Courtroom Rules, Customs, and Etiquette 3. Starting Your Case Do You Have a Good Case? Is Your Lawsuit Timely? Which Court Has the Power to Hear Your Case? Beginning a Lawsuit 4. Pretrial Procedures Know and Follow Pretrial Deadlines Pretrial Conferences Court-Ordered Mediation and Arbitration Initial Pretrial Procedures: Setting Ground Rules Intermediate Pretrial Procedures: Discovery and Motions Final Pretrial Procedures: Trial Preparation 5. Investigating Your Case Informal Investigation Formal Discovery Depositions Written Interrogatories Requests for Production of Documents and Subpoenas Requests for Admissions 6. Settlement Court-Ordered Mediation Court-Ordered Arbitration Offers of Judgment Pretrial Settlement Conferences Postsettlement Documents 7. Pretrial Motions Overview of Pretrial Motion Practice Is a Motion Necessary? What Goes Into a Motion? Scheduling a Court Hearing on a Pretrial Motion Serving and Filing Your Documents Court Hearings on Motions Common Pretrial Motions 8. Proving Your Case at Trial: The Plaintiffs Perspective The Elements of a Legal Claim Finding the Elements of Your Claim Proving Each Element Your Burden of Proof Identifying Facts to Prove the Elements of Your Claim Looking Ahead to Trial: Organizing Your Evidence Learning About Your Adversarys Case 9. Proving Your Case at Trial: The Defendants Perspective Identifying the Elements of the Plaintiffs Legal Claim Identifying the Plaintiffs Facts Defeating Any One Element of a Claim Disproving the Plaintiffs Facts by Impeaching Witnesses Proving Your Version of Events Putting Defense Strategies Together 10. Selecting the Decision Maker Are You Eligible for a Jury Trial? Are You Better Off With a Judge or a Jury? Your Opponents Right to a Jury Trial Disqualifying a Judge Making a Timely Request for a Jury Trial The Jury Selection Process Your Right to Challenge Jurors What Jurors Should You Challenge? What Should You Ask Prospective Jurors? Alternate Jurors 11. Opening Statement Should You Make an Opening Statement? When to Make Your Opening Statement Putting Together Your Opening Statement What Not to Say During Your Opening Statement Rehearsing and Presenting Your Opening Statement Sample Opening Statement and Outline 12. Direct Examination Direct Examination as Storytelling Overview of Direct Examination Procedures Preparing for Direct Examination Presenting Your Own Testimony on Direct Examination Questioning Witnesses Hostile Witnesses The Judges Role Sample Direct Examination 13. Cross-Examination Overview of Cross-Examination Should You Cross-Examine? Asking Questions on Cross-Examination Eliciting Helpful Evidence Impeaching Adverse Witnesses Basing Questions on Evidence You Can Offer What to Do If Your Witness Is Impeached Preparing for Cross-Examination 14. Closing Argument When to Deliver Your Closing Argument Preparing and Rehearsing Your Closing Argument Putting Together a Closing Argument What Not to Say During Your Closing Argument Rebuttal Argument Objections During Closing Sample Closing Argument and Outline 15. Exhibits Overview of Admitting Exhibits Into Evidence Step 1: Mark Your Exhibits and Show Them to Your Adversary Step 2: Identify (Authenticate) Your Exhibits Step 3: Lay a Foundation Letting Jurors See Your Exhibits When Exhibits Are Required: The Best Evidence Rule Objecting to Your Adversarys Exhibits Organizing Exhibits for Trial 16. Basic Rules of Evidence Relevance Excluding Relevant but Unfairly Prejudicial Evidence The Rule Against Opinions Rules Excluding Evidence Based on Social Policies Hearsay 17. Making and Responding to Objections Overview of Objections Objections Made Before Trial: Motions in Limine Making Objections During Trial Responding to Your Adversarys Objections Checklist of Common Objections 18. Organizing a Trial Notebook Setting Up Your Notebook Index Tab 1: Legal Pleadings Index Tab 2: Discovery Materials Index Tab 3: Legal Claim Outline Index Tab 4: Opening Statement Outline Index Tab 5: Direct Examination Outlines Index Tab 6: Cross-Examination Outlines Index Tab 7: Closing Argument Outline Index Tab 8: Jury Trial Documents Index Tab 9: Miscellaneous Documents 19. Expert Witnesses Who Are Expert Witnesses? Do You Need an Expert Witness? Special Rules for Expert Witnesses Finding and Hiring an Expert Witness Questioning Your Expert Witness at Trial Cross-Examining Your Opponents Expert Witness 20. When Your Trial Ends: Judgments and Appeals How Final Decisions Are Made at the End of Trial Requesting a New Trial or Change in the Verdict Appeals Collecting and Paying Judgments 21. Representing Yourself in Family Court Formulate a Divorce Game Plan Understanding the Basics of Family Law Filing for Divorce How Uncontested Divorces Work How Contested Divorces Work Modification of Support, Custody, and Visitation 22. Representing Yourself in Bankruptcy Court The Chapter 7 Bankruptcy Process Meeting of Creditors (341(a) Hearing) Relief From Stay Hearing Objection to Exemption Hearing Discharge of Debt Hearing Reaffirmation of Debt Hearing Getting Help Beyond This Book 23. Help Beyond the Book: People, Places, and Publications What You May Want to Research Sources of Information Getting Help From a Lawyer Glossary Indextry{F5_flush(document);}catch(e){}