Preparation is everything!Whether you're training for the Olympics or trying to win a case in court, winners know they must exercise, prepare themselves, and be ready for the competition.
But! You will in all likelihood be required to prepare for and attend a few hearings and, if you don't master what I teach in my course, you will probably have to prepare for and enter the trial arena for a final judgment.
These are the most important documents in any case! The allegations in these initial documents tell us what the parties intend to prove, indeed what they must prove by the greater weight of admissible evidence in order to win.
PleadingsToo many people worry about too many things that have nothing whatever to do with the allegations contained in the pleadings.
Pleadings frame the case and tell the court what the fight is about.
Everything begins and ends with the allegations contained in the initial pleadings.
If your case goes to trial, it will those allegations in your pleadings that you'll be struggling to prove by bringing in MORE evidence in favor of your allegations than your opponent has in support of his.
Whether you're at a hearing or a full-blown jury trial, the only facts that matter are those alleged by the pleadings. Other facts may be brought in by witnesses, documents, or tangible exhibits - but the only facts necessary are those that tend to prove or disprove the allegations of the pleadings. Everthing else is a waste of time and only results in muddying the waters and giving your opponent more opportunities to confuse the judge and discredit you!
EvidenceEvidence proves the facts alleged.
Motions "move" the court to act.
Courtroom objections put the judge on notice he will be appealed if he rules against you!