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Knowing ahead of time that you may encounter a hostile attitude is the best weapon against it. Read and study this book and other legal resources, many of which are available free online or in your local library. Learn how to prepare and present a persuasive case and follow the proper procedures for the Clerk’s Office and the courtroom. If you believe that court personnel at any level are being rude to you, be courteous and professional in return, even as you insist upon fair treatment. By knowing and following court rules and courtroom techniques, you can often earn the respect of the judge and the others who work in the courtroom. As a result, you may well find that they will go out of their way to help you.
2. Motion for Instructed or Directed Verdict: This motion is usually made by the defendant at the close of evidence presented by the plaintiff’s side and is based on the premise that the plaintiff has failed to prove his case. If it is granted, the court instructs the jury to render a verdict for the defendant and against the plaintiff, and the trial is concluded in the defendant’s favor. If the court denies the motion, the trial continues with presentation of the defendant’s side.
In a criminal case, a defendant is entitled to legal counsel by the United States Constitution and one can be provided if indigence is shown on the part of the defendant. However, in a civil case, the plaintiff is not entitled to an attorney. There are organizations that can help obtain counsel in civil matters for nominal fees or even on a volunteer basis. The Idaho State Bar has a referral service that lists attorneys who belong to the Idaho Volunteer Lawyers and they are willing to help indigent parties in several different ways. Legal Aid Services is also available as well as the American Civil Liberties Union. There are also attorneys who would be willing to represent you on a contingent fee basis where the attorney collects a fee only if money is won in the suit.
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On February 8, 2019 the Juliana plaintiffs sought a court order preventing the federal government from issuing leases and mining permits for extracting coal on federal public lands, leases for offshore oil and gas exploration and extraction activities, and federal approvals for new fossil fuel infrastructure. To obtain the order, plaintiffs filed what’s called a motion for a preliminary injunction with the Ninth Circuit Court of Appeals while the government’s early appeal of the youths’ case is being heard.
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According to Boston Bar Association Task Force 1998 report in every court studied by the task force, litigants without lawyers are present in surprising numbers. In some counties, over 75% of the cases in Probate and Family Courts have at least one party unrepresented. In the Northeast Housing Court, over 50% of the landlords and 92% of the tenants appear without lawyers in summary process cases.
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Both of your suggestions are very helpful. It seems that if I were to appeal, it would not be for my upcoming Motion to Dismiss, because I understand that would be an ‘interlocutory’ appeal, and therefore not allowed. I also understand your point about the Judge & OC taking a pro se litigant much more seriously and cutting the nonsense by the very presence of a court reporter. In that respect, it makes a lot of sense in that a reporter may make an appeal unnecessary if the court decides to be reasonable and fair:)
Conversely, pro se litigants who make mistakes lose day in and day out, even with minor infractions. This is most often due to lack of knowledge, but judicial bias and lawyer tricks add another layer of peril. Lawyers know how to avoid default judgments, dismissals, and summary judgments. Pro se litigants rarely do. Lawyers skillfully “handle” pro se opposition. Most pro se litigants don’t handle lawyers or their own cases. In the end, most lose and they do so very quickly.
Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw the complaint and end the whole matter, or the defendant may agree to a settlement. If the case settles, the parties might choose to enter into a stipulated judgment with the settlement agreement attached, or the plaintiff may simply file a voluntary dismissal, so that the settlement agreement is never entered into the court record.
Additionally, the intentions of the user may determine which cases they find valuable. For instance, where a legal professional is attempting to argue a specific interpretation of law, he might find a minor court's decision which supports his position more valuable than a senior courts position which does not. He may also value similar positions from different areas of law, different jurisdictions, or dissenting opinions.
After conducting an empirical study of pro se felony defendants, I conclude that these defendants are not necessarily either ill-served by the decision to represent themselves or mentally ill. ... In state court, pro se defendants charged with felonies fared as well as, and arguably significantly better than, their represented counterparts ... of the 234 pro se defendants for whom an outcome was provided, just under 50 percent of them were convicted on any charge. ... for represented state court defendants, by contrast, a total of 75 percent were convicted of some charge. ... Only 26 percent of the pro se defendants ended up with felony convictions, while 63 percent of their represented counterparts were convicted of felonies ... in federal court ... the acquittal rate for pro se defendants is virtually identical to the acquittal rate for represented defendants.
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A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.