Pursuant to its order, a three judge panel of the Ninth Circuit, made up of Chief Justice Sidney Thomas, and Circuit Justices Alex Kozinski and Marsha Barzon heard oral arguments on December 11, 2017. Watch a video recording of the oral arguments below. Eric Grant, representing the Trump administration and the U.S. government, argued that the case be dismissed. Justice Kozinski subsequently resigned and was replaced on the panel by Circuit Justice Michelle Friedland.
Of course a pro se litigant can prevail. The Judges, particularly in the family part, routinely have pro se litigants appear before them. The Judge does not determine matters based upon who has an attorney and who does not. The Judge determines matters based upon the facts and proofs presented. Some pro se litigants can be very effective and others are not. If you are not comfortable or need guidance as to what should/should not be included/presented, you would be wise to consult with an attorney with expertise in that area of law.
The mission of the United States District and Bankruptcy Courts for the District of Idaho is to provide an impartial and accessible forum for the just, timely, and economical resolution of legal proceedings within the jurisdiction of the courts, so as to preserve judicial independence, protect individual rights and liberties, and promote public trust and confidence.
There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for summary judgment, for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince the judge to change the decision or grant a new trial.
Strickland v. Washington (1984) Nix v. Whiteside (1986) Lockhart v. Fretwell (1993) Williams v. Taylor (2000) Glover v. United States (2001) Bell v. Cone (2002) Woodford v. Visciotti (2002) Wiggins v. Smith (2003) Holland v. Jackson (2004) Wright v. Van Patten (2008) Bobby v. Van Hook (2009) Wong v. Belmontes (2009) Porter v. McCollum (2009) Padilla v. Kentucky (2010) Sears v. Upton (2010) Premo v. Moore (2011) Lafler v. Cooper (2012) Buck v. Davis (2017)
It is very important that you have all five required elements before you consider filing a case against someone or some entity. After all of these elements are met, you must still follow the procedures set out for the particular court you will file your case with. In Chapter V of this handbook, we will discuss the rules and procedures for filing lawsuits in the United States District Court for the District of Idaho. If your case needs to be filed in any other court, you should contact the clerk's office of that court for information regarding local rules and procedures for filing your particular case.
If you go by calls and emails Jurisdictionary receives, there's good reason for this! Lawyers who bail at the last minute. Lawyers who don't know what they're doing. And, worst of all, lawyers wishing to curry favor with judges, afraid to stand up to the buffalo in the black robe and demand their clients' rights by making timely objections and threatening appeal.
If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to the allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against the plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. The defendant may also file a "third party complaint", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for the plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase.