Tips & Tactics Powerful Pro Se Pleadings …
The missing piece in most pro se lawsuits is powerful pleadings … a
mistake even seasoned lawyers frequently make.
Your lawsuit stands or falls on its pleadings … the “Complaint” if
you’re the plaintiff, the “Answer” if you’re the defendant.
Then, of course, there are counterclaims, cross-claims, third-party
complaints and answers to each of these, also. It’s really quite simple
the way Jurisdictionary explains it, but it’s also extremely important
to get it right when starting out!
Whether you win or lose depends primarily on how well you write your
pleadings … i.e., the part of your paperwork that states what your
case is about, what you intend to prove, and what you want the court to
do if you prove all the facts you say you will prove.
It’s amazing how many people (including seasoned lawyers) do very
little to pump-up their pleadings with persuasive power. Most of the
pleadings you see are more like letters to the judge, rather than
effective statements of the litigants’ right to formal redress of their
grievances.
Pleadings should state the legal grounds for what you want the court to
do, and they should state the facts you intend to prove to show the
court that you’re entitled to the relief you seek.
That’s what pleadings do!
Plaintiffs must state at least one “cause of action” plus all facts
that support each cause. A cause of action is the plaintiff’s right to
sue. Every cause of action requires that certain facts be proved. The
plaintiff’s pleading, therefore, needs to state all the facts that he
or she intends to prove … all of them and nothing more!
Defendants must file what we call affirmative defenses along with their
Answer to the plaintiff’s Complaint. Affirmative defenses are something
like causes of action. They are the legal grounds the defendant is
relying on to show the plaintiff should not win! Though professional
lawyers rarely go beyond just stating the affirmative defenses, wise
defendants also allege all the facts necessary to establish each
affirmative defense. (Lawyers aren’t taught how to do this in law
school, and the average judge hasn’t a clue!)
Please don’t treat pleadings as narrative “letters to the judge”. It is
extremely important to file pleadings that show:
- All the laws that dictate you should win, and
- All the facts you intend to prove to trigger those laws.
Every law depends on certain facts, but unless the facts and the law
(cause of action) are clearly stated in your pleadings, your case
starts off on a weak footing.
Why give the other side any help at all?
We can’t teach you everything you need in these weekly Tips & Tactics
newsletters.
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