A Self-Represented Litigant's Guide to Court Preparation
The 95% You Don't See
When trying to convince a court to rule in your favor as a self-represented litigant, extensive preparation is essential. This preparation is a substantial undertaking, with research and paperwork making up about 95% of the work before you ever get to argue your points in front of a judge. This rigorous process allows you to build a strong, well-supported case that can be presented effectively.
Finding Your Legal Foothold
The first step in preparing for a court appearance is to determine the correct area of law and jurisdiction for your case. Start with a broad view to identify the general subject, concept, and area of law. Legal fields are categorized into various areas, such as criminal law and civil law. Civil law, in particular, is further broken down into different jurisdictions, like family law and civil litigation. There are also lower courts for disputes involving less than $30,000, which often have looser rules on evidence and may not require lawyers. Once you identify your jurisdiction, you must then find and read the specific rules of court for that area. I recommend reading the rules of court twice: the first time for basic comprehension and the second time to pick up on specific details that are relevant to your case.
Defining the Problem in Plain English
To focus your legal research, it is important to first define your problem in plain English. I recommend writing a one-page description of the issue to help you distill the core elements of the case. This document should identify all the people involved, their roles, and what they have to do with the litigation. For example, you should note who committed a wrong and who was harmed by it. You should also identify any witnesses and their potential eyewitness accounts of the events. Limiting yourself to a single page forces you to focus on the key players and their roles, rather than getting bogged down in minor details.
Translating to Legal Terminology and Finding the Right Tests
After defining the problem in plain English, you must translate it into legal terminology. Words used in everyday conversation often have different legal definitions, and it's crucial to understand these distinctions. For example, the legal definition of "fraud" can be broken down into three distinct types: negligent misrepresentation, fraudulent misrepresentation, and fraud upon the court. Each of these has its own legal test that must be met. Once you have the correct legal definition, you can search for the legal tests that apply to your situation, which are often derived from case law. Case law consists of decisions made by judges in similar past cases. A legal test may have multiple parts, and you must satisfy each part to win your case. Sometimes, there are different versions of a legal test with varying requirements, so you should find the one that best serves your particular situation.
Gathering Evidence and Building the Pre-Trial Brief
With your legal tests identified, you can start gathering evidence to support your claims. The goal is to create an evidentiary body that provides proof for your claims against the other party. This is where the witnesses you identified earlier become crucial, as their accounts can provide corroborating evidence to support your claims. It is important that the evidence you collect is relevant and on-topic to your case. Once you have all of this information, you can compile what is known as a pre-trial brief. This document lays out the relevant facts of the case and should be written like a storybook, in chronological order, to be easily understood by the judge. The brief should include:
* The facts of the case that you can prove.
* The roles of the people involved.
* The roles of the witnesses.
* The timeline of events, including what led up to, happened during, and occurred after the incident.
* The legal questions for the court to resolve, which should be substantial and not trivial.
* A section that lays out your evidentiary body, relevant case law, and how your situation satisfies each part of the legal test.
* A conclusion that outlines what you believe the court should order based on its findings.
Making a Settlement Offer
A critical step once the pre-trial brief is prepared is to draft a settlement letter to the opposing party. This letter serves as a formal offer to settle the dispute for a specific amount of money. The letter explains that if the settlement is refused, you will proceed with the lawsuit. This step is important because if the opposing party refuses the settlement offer and you later win a higher amount in court, you may be entitled to recover a significantly greater portion of your legal costs, potentially all of them. This puts pressure on the other side to consider settling before going to court.
In conclusion, preparing for a court appearance as a self-represented litigant is a demanding process that requires immense dedication to research and development. You must methodically determine your jurisdiction, define your legal issues, find the correct legal tests, gather supporting evidence, and compile it all into a comprehensive pre-trial brief. This extensive preparation not only creates a roadmap to victory, but it also provides a solid foundation for a potential settlement before a trial ever begins. By thoroughly preparing, you can have an easier time convincing a court to find in your favor.