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Most court cases arise under state law

To begin a lawsuit, the plaintiff must file a complaint

If you have an exhibit (document directly related to the case) you may have to attach the exhibit to the complaint

You can amend (change) your complaint after you file it

After a complaint is filed with the Clerk’s office (along with the required filing fee) the court usually issues a paper called a “summons.� The purpose of a summons is to advise the defendant about the lawsuit and to provide a number of important facts about the case, including the names of the plaintiff and defendant (called the “parties�) the name, address, and phone number of the plaintiff’s lawyer (if any); the case number (assigned by the Clerk’s office); and the dates by which the next pleading (normally a response by the defendant) must be filed.

If the plaintiff wins the case, you will be reimbursed for filing fees

If a defendant fails to respond to a complaint in time, a plaintiff can apply for what is called a “default judgement.�

In most states you need more than the service of a complaint and answer is not sufficient to start your lawsuit look-king for trial

One of the key components is fact investigation which is the act of developing credible evidence that supports your own legal claims. You also want to uncover and try to undermine the supporting evidence your adversary is likely to put forward

Remember to prepare a joint pretrial memorandum with disclosures of evidence you plan on using, witnesses (name, addresses, and telephone numbers) if you have videos, include transcripts, if you will testify, include your name, address and telephone number.

Remember that you can serve requests “is it true that on January 1st someone did x and y�

Remember that if you feel a judge has already arrived at an unfair conclusion during a settlement conference, you can file a motion to disqualify (asking that another judge be assigned to preside over your trial

Motions made during and after trial:
Motion in limine - a request for a court order excluding irrelevant or prejudicial evidence
Motion to strike - A request that the judge delete improper testimony from the trial record
Motion for a directed verdict - A request that the judge rule against the plaintiff without letting the matter go to the jury
Motion for judgement notwithstanding the verdict - A request by one party for the judge to rule against the other party, after the jury has already decided in the other party’s favor.

During a breach of contract claim, there are 4 things that needed to be proven

Formation - You and the defendant had a legally binding contract

Performance - You did everything you were required to do under the contract

Breach - The defendant failed to do what was required by the contract

Damages - The defendant’s breach caused you actual financial loss

Remember that there is a higher standard of care for professionals

Even if a judge or jury thinks that the probability that you have proved an element is only slightly better than 50%, you have successfully carried your burden of proof as to that element

A fact by any other name is still a fact

Remember that if your opponent agrees, you don’t have to prove anything

Remember to list evidence proving your facts along with potential rebuttal’s

In most cases, such as those involving personal injury, breach of contract, professional malpractice, libel, or slander, you are entitles to a jury trial

While representing yourself, you are generally better off trying your case to a judge than to a jury

If a judge or jury decides the case in your favor, be sure to ask the judge to order your adversary to reimburse you for any jury fees you paid

If you are the plaintiff you should rarely voluntarily forego your opening statement

Objections to the form of questions:
The question is vague
The question is compound (when opposing counsel asks 2 questions into one)
The question calls for a narrative response (when opposing counsel asks a witness to narrate a series of events)
The question is repetitive
Counsel is misquoting the witness
The question is leading (opposing counsel asks an improper leading question)
The question is argumentative
The question assumed facts not in evidence

Objections to the current testimony:
Lack of personal knowledge (when an adverse witness has not personally seen, heard or otherwise acquired firsthand information about what the witness is testifying about
Speculation (hypotheticals)
Hearsay (out-of-court statement offered for its truth)
Irrelevant (evidence has no logical connection)
The value of this evidence is outweighed by the unfair prejudice it will cause
Lack of foundation (opposing counsel fails to elicit a proper foundation for evidence)
Cumulative (opposing counsel calls multiple witnesses to testify for the same point
Improper character evidence (adversary offers character evidence)

A chapter 7 bankruptcy ordinarily does not wipe out property liens