Tuesday, October 29, 2013

Tell Congress to Support the USA Freedom Act.


Rep. Jim Sensenbrenner and Sen. Patrick Leahy just introduced the USA Freedom Act, which would end the NSA’s bulk collection of our phone records and require more oversight and transparency of the agency’s domestic surveillance programs.1 Tell Your Members of Congress to Support the USA Freedom Act.
Even Sensenbrenner — one of the Patriot Act’s authors — thinks the NSA has gone too far. This bipartisan bill would prevent the NSA from spying on all of us — limiting the agency to collecting data on actual targets of criminal investigations. And it would mean the end of the NSA’s “back-door” warrantless searches of Americans’ private information.
Tell Congress to Protect Our Privacy and Pass the USA Freedom Act.
The momentum has shifted in our direction. Thousands of people attended Saturday’s Rally Against Mass Surveillance,2 foreign heads of state have expressed outrage over NSA spying — and your emails, phone calls, social-media shares and chats by the watercooler have changed the conversation about government surveillance.
The NSA’s programs — coupled with decades of attacks on the privacy rights of immigrants, communities of color and Muslim Americans — mean that we’re all living in a culture of surveillance.
Local and federal agencies track our phone calls and mine our Internet use. They use race and religion to target entire communities and track millions of innocent people. And they won’t stop until people from across the country and across the political spectrum unite in opposition.
The USA Freedom Act will go a long way toward restoring our Fourth Amendment rights to connect and communicate in private. At a moment when journalists are under attack like never before and the open Internet is in peril, we need to make sure Congress comes out in support of this bill.
  Making change on this front will take years — but passing this bill is the first step.
Thanks for all that you do,
Josh, Matt, Candace and the rest of the Free Press Action Fund team
P.S. The Free Press Action Fund fights every day to protect your privacy. We don’t take money from business, government or political parties and rely on the generosity of people like you to fuel our work. Please donate $15 (or more!) today. Thank you!

1. “Leahy and Sensenbrenner Join to Introduce USA Freedom Act,” Oct. 29, 2013: www.leahy.senate.gov/press/leahy-and-sensenbrenner-join-to-introduce-usa-freedom-act
2. “Rally Against Mass Surveillance,” rally.stopwatching.us
free press action fundThe Free Press Action Fund is a nonpartisan organization building a nationwide movement for media that serve the public interest. The Free Press Action Fund does not support or oppose any candidate for public office. Learn more at www.freepress.net.
Join us on Facebook and follow us on Twitter.


~~~~~~~~~~~~~~~~~~~~~~~~~~~


Shadow-Special
Now on sale as a hardcopy:
Standing InThe Shadow of the Law
Special Edition - Expanded and   More information than Original Version By Marilyn Harrison
 Learn More>>

         http://nfpcar.org/Shadow/Hardcopy Now Available>> Purchase Now 
~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
Keeper of the web files for http://nfpcar.org

Defend the Vote


Within hours of the Supreme Court's democracy-defying decision in June gutting the Voting Rights Act, multiple states launched efforts to make it harder to vote. Their goal is clear: rigging the 2014 midterms.

There's only one acceptable response to that kind of threat to our democracy -- "We the People" must fight back. Now.
With your help, Common Cause is launching
Defend The Vote, a bold, 365-day election protection campaign to ensure that in 2014 no eligible voter is denied his or her fundamental right to vote. Next Tuesday marks one year until the elections. Let’s make sure we are prepared to do whatever it takes to Defend The Vote.

Step up and help Common Cause Defend The Vote with a donation toward crucial voter protection work ahead of the 2014 midterms.

Common Cause has activists coast-to-coast and chapters in 35 states. We're already witnessing cynical, sweeping efforts to deny eligible citizens their right to be heard:

* In Texas, an outrageous voter ID law previously blocked by the Department of Justice under the VRA has taken effect -- threatening ballot access for women and minorities across the state.

* North Carolina is compounding the damage of dangerous new ID restrictions by closing polling places near minority communities, cutting early voting opportunities in half, slashing weekend voting hours and erecting other barriers to voting.

There no doubt will be countless more attempts to block the vote in the year ahead. Millions of voters will risk losing their voice in our democracy if we're not on high alert -- ready to fight back.

Help fuel our Defend The Vote election protection work every day of the coming year -- and make sure every vote is counted in 2014.

Our democracy relies on a simple principle. The politicians who win the most votes get elected -- not the ones who block the most votes. It's up to you and Common Cause to keep it that way.
Thanks for stepping up,

Robert Reich
and the rest of the team at Common Cause
~~~~~~~~~~~~~~~~~~~~~~~~~~~


Shadow-Special
Now on sale as a hardcopy:
Standing InThe Shadow of the Law
Special Edition - Expanded and   More information than Original Version By Marilyn Harrison
 Learn More>>

         http://nfpcar.org/Shadow/Hardcopy Now Available>> Purchase Now ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Monday, October 28, 2013

Legislation relating to Family, Children, Foster and Adoption

Become an Advocate and
Work with your State Legislators
What is an Advocate?

The following information summary is provided by the Congressional Caucus on Foster Youth provides a forum for Members of Congress to discuss and develop policy recommendations to strengthen the child welfare system and improve the overall well-being of youth and families.
There are more than 424,000 youth in the foster care system and thousands more who have experienced abuse and neglect. We need to develop approaches to ensuer that our nation's vulnerable, yet resilient, youth are provided with  the opportunities and support necessary to succeed.
- Congressional Caucus on Foster Youth Co-chairs
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
Keeper of the web files for http://nfpcar.org

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Legislation

Last updated October 2013
  • Rehab and Ahmed Amer Foster Care Improvement Act of 2013 (H.R 102)
Rep. John Conyers(D-MI-13)
  -  Requires for states to contact the adult relatives of children removed from parental custody
  -  Staff contact: Rinia.Shelby@mail.house.gov                    
  • State Foster Program Payments (H.R 286)
Rep. Green, Gene [D-TX-29]
  -  Provides difficulty of care payments for biological parents of children with disabilities
  -  Staff contact: Anthony.Hinojosa@mail.house.gov
Rep. Wilson, Frederica S. [D-FL-24]
  -  Requires state child welfare agencies to report information on missing or abducted foster children promptly to local law enforcement agencies
  -  Staff contact: Corey.Solow@mail.house.gov
  • Enhancing the Quality of Parental Legal Representation Act of 2013 (H.R 1096)
Rep. Moore, Gwen [D-WI-4]
  -  Provides legal representation for parents and legal guardians during child welfare cases
  -  Staff contact: Eric.Fawcett@mail.house.gov
  • Dave Thomas Adoption Act of 2013 (H.R 1476)
Rep. King, Peter T. [R-NY-2]
  -  Allows for penalty-free withdrawals from Individual Retirement plans for adoption expenses. This bill will allow individuals to withdraw up to $10,000 from their IRA in order to cover qualified adoption expenses.
  -  Staff contact: Jamie.Tricarico@mail.house.gov
  • Strengthening the Child Welfare Response to Trafficking Act of 2013 (H.R 1732)
Rep. Bass, Karen [D-CA-37], Rep. Marino, Tom [R-PA-10], & Rep. McDermott, Jim [D-WA-7]
  -  Provides child welfare employees with appropriate tools to effectively serve and prevent child victims of trafficking and those at risk. It also requires states to report numbers of trafficking victims.
  -  Staff contact: Jenny.Wood@mail.house.gov
  • Every Child Deserves a Family Act (H.R 2028)
Rep. Lewis, John [D-GA-5]
  -  Prohibits discrimination in adoption or foster care placements based on the sexual orientation, gender identity, or marital status of any individuals who wish to be adoptive or foster parents.
  -  Staff contact: Jamila.Thompson@mail.house.gov
  • Foster Children Opportunity Act (H.R 2036)
Rep. O'Rourke, Beto [D-TX-16]
  -  Ensures that children in the foster care system are screened and identified for eligibility for Special Immigrant Juvenile Status and other relief options as quickly as possible.  It will also provide technical assistance and resources to court and child welfare staff to carry out this new requirement.
  -  Staff contact: Erin.Snow@mail.house.gov
  • Foster Youth Higher Education Act (H.R 2108)
Rep. Lewis, John [D-GA-5]
  -  Allows students to indicate on their FAFSA application that they are or were in the foster cares system so that they may be eligible for federal program assistance
  -   Staff contact: Jamila.Thomspon@mail.house.gov
Rep. Lewis, John [D-GA-5]
  -  Eliminates the requirement to have been previously eligible  under the former Aid to Families with Dependent Children program, which is a predecessor to be eligible for the Temporary Assistance for Needy Families program
  -  Staff contact:  Jamila.Thompson@mail.house.gov
  • Adoption Tax Credit Refundability Act of  2013 (H.R 2144)
Rep. Braley, Bruce L. [D-IA-1]
  -  Amends the Internal Revenue Code to make the tax credit for adoption expenses refundable.
  -  Staff contact: katy.siddall@mail.house.gov
  • Families for Foster Youth Stamps Act of 2013 (H.R 2149)
Rep. Conyers, John, Jr. [D-MI-13]
  -  Requires that in a timeline of four years, the USPS will provide issuance and sale of a semipostal to increase funding for programs that improve permanent homes for foster care youth
  -  Staff contact: Rinia.Shelby@mail.house.gov
  • Adoption Tax Credit Tribal Parity Act of 2013 (H.R 2332)
Rep. Kilmer, Derek [D-WA-6]
  -  Allows Indian tribes to make the determination that a child is a child with  special needs for purposes of the adoption tax credit.
  -  Staff Contact:  Kevin.Warnke@mail.house.gov
  • Help Separated Families Act of 2013 (H.R 2604)
Rep. Roybal-Allard, Lucille [D-CA-40]
  -  Requires the state plan for foster care and adoption assistance to notify relatives seeking placement of a child that their immigration status will not be questioned.
  -  Staff contact: Matt.Lee@mail.house.gov
  • The Protecting Adoption and Promoting Responsible Fatherhood Act of 2013
(H.R 2439)
Rep. Kuster, Ann (D-NH-2)

 - Promotes permanent families for children, privacy and safety for unwed mothers, responsible fatherhood, and security for adoptive parents by establishing a National Responsible Father Registry
 - Staff: Lisbeth.Zeggane@mail.house.gov
  • Child Sex Trafficking Data and Response Act of 2013 (H.R 2744)
Rep. Paulsen, Erik (R-MN-3)
 - Better enables State child welfare agencies to prevent sex trafficking of children and serve the needs of children who are victims of sex trafficking.
 - Staff: noah.jacobson@mail.house.gov
  • Guardian Stability for Children Act (H.R 2979)
Rep. Doggett, Lloyd (D-TX-35)
 - Helps ensure greater stability for children cared for by guardians and kinship providers. Keeps kids out of foster care by ensuring guardian can be replaced by successor guardian when necessary
 - Staff Contact: Nick.Gwyn@mail.house.gov
  • Missing Children's Assistance Reauthorization Act of 2013
(H.R. 3092) Signed into law!
Rep. Guthrie, Brett (R-KY-2)

- Amends the Missing Children's Assistance to declare that many missing children are runaways. Requires annual report be sent to President and Congress. Authorizes additional uses for annual grant awarded to National Center for Missing and Exploited Children
- Staff Contact: Megan.Spindel@mail.house.gov
  • Promoting Adoption and Legal Guardianship for Children in Foster Care Act
(H.R. 3205) Signed into law!
Rep. Camp, Dave (R-MI-4)

-Reauthorizes the Adoption Incentives program for 3 years, encouraging the adoption of more children from foster care
- Staff Contact: Ryan.Martin@mail.house.gov
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~


Shadow-Special
Now on sale as a hardcopy:
Standing InThe Shadow of the Law
Special Edition - Expanded and   More information than Original Version By Marilyn Harrison
 Learn More>>

         http://nfpcar.org/Shadow/Hardcopy Now Available>> Purchase Now ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Saturday, October 26, 2013

What is Worse? Not Reporting OR Falsely Reporting Abuse

So can you choose from 1 or 2 below?:
1)Not reporting Abuse
2)Falsely reporting Abuse

Please note there are State Statute penalties for both.
Actually the Index of State Statute Summaries has them grouped together. In a way, they are related.. But in Reality Are they Really?:

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws

Many cases of child abuse and neglect are not reported, even when mandated by law. Therefore, nearly every State and U.S. territory imposes penalties, often in the form of a fine or imprisonment, on mandatory reporters who fail to report suspected child abuse or neglect as required by law.

Approximately 47 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands impose penalties on mandatory reporters who knowingly or willfully fail to make a report when they suspect that a child is being abused or neglected.2 In Florida, a mandatory reporter who fails to report as required by law can be charged with a felony. Failure to report is classified as a misdemeanor or a similar charge in 38 States and American Samoa, Guam, and the Virgin Islands.3 In Arizona and Minnesota, misdemeanors are upgraded to felonies for failure to report more serious situations, while in Illinois and Guam, second or subsequent violations are classified as felonies.

 In addition, to prevent malicious or intentional reporting of cases that are not founded, many States and the U.S. Virgin Islands impose penalties against any person who files a report known to be false.

 Approximately 29 States carry penalties in their civil child protection laws for any person who willfully or intentionally makes a report of child abuse or neglect that the reporter knows to be false.7 In New York, Ohio, and the Virgin Islands, making false reports of child maltreatment is made illegal in criminal sections of State code.

Nineteen States and the Virgin Islands classify false reporting as a misdemeanor or similar charge.8 In Florida, Illinois, Tennessee, and Texas, false reporting is a felony, while in Arkansas, Illinois, Indiana, Missouri, and Virginia, second or subsequent offenses are upgraded to felonies. In Michigan, false reporting can be either a misdemeanor or a felony, depending on the seriousness of the alleged abuse in the report. No criminal penalties are imposed in California, Maine, Montana, Minnesota, and Nebraska; however, immunity from civil or criminal action that is provided to reporters of abuse or neglect is not extended to those who make a false report.

Eleven States and the Virgin Islands specify the penalties for making a false report. Upon conviction, the reporter can face jail terms ranging from 90 days to 5 years or fines ranging from $500 to $5,000. Florida imposes the most severe penalties: In addition to a court sentence of 5 years and $5,000, the Department of Children and Family Services may fine the reporter up to $10,000. In six States, the reporter may be civilly liable for any damages caused by the report.
~~~~~~~~~~~~~

Actually, Texas didn't take it too kindly of False Reporting as shown in this recent article:

UPDATE: More information on arrest of CPS workers:
All three arrested have posted bail

"..All charges are third degree felonies, punishable upon conviction by a maximum sentence of from two to 20 years in prison and an optional fine of up to $10,000.,,"

Sooooo, What do you think? 1 or 2
~~~~~~~~~~~~~~~~~~


Note: When you click on View, this is introductory information comparing states. To see the State Statute Summaries, you need to Download the PDF file. (Note: Will be taken directly to Agency page and dates of updates may be newer than shown on this page.)
Latest State Series Catalogue Index is July 2013.-- (HTML Page) (PDF)

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~

Related Reading: "Child Protection at the Crossroads:Child Abuse, Child Protection, and Recommendations for Reform"
(Download File)

  • Excerpt from this publication as a Recommendation: 

  Repeal mandatory reporting laws that are in effect in all the states. Mandatory reporting laws, designed to encourage those who work with children to report incidents of maltreatment, have had two negative effects. 

  • First, they encourage unnecessary reporting because professionals must report all of their suspicions under threat of prosecution. While such prosecutions are rare, one shouldn’t have to report suspicions. Reporting should be restricted to more concrete evidence of a crime. 

    Second, mandatory reporting discourages fellow citizens from taking positive neighborhood action with families in trouble. Citizens tend to consider that their responsibilities have been met when they call an anonymous hotline, because that is what the law tells them to do. Knocking on the door and offering help to a family, which is troubled, but not engaged in criminal behavior, may be the more appropriate alternative.



Shadow-Special
Now on sale as a hardcopy:

Standing InThe Shadow of the Law
Special Edition - Expanded and   More information than Original Version By Marilyn Harrison
 Learn More>>

         http://nfpcar.org/Shadow/Hardcopy Now Available>> Purchase Now ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Sunday, October 20, 2013

CA-Forum with Tim Donnelly Oct. 24, 2013

Please share the information below to those in CA. As a suggestion, I would create a minimum of one page to also hand to Tim, if you are going to be there.
Please also keep in mind:
  • There is No One on a White Horse that is going to save our Families, You have to be that one small voice and Speak Up
  • Yes there is many injustices, but we must show by Proof what these injustices are.

~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~FORUM - CHILD PROTECTIVE SERVICE / FAMILY LAW COURT CORRUPTION
WITH:
CA Assemblyman Tim Donnelly for Governor
CHILDREN AND PARENTAL RIGHTS ADVOCATES an opportunity to meet Assemblyman Tim Donnelly and tell your story. (Bring one to two page summary)

Those of you that were NOT able to make it to the NorCal Liberty Summit, you missed a great speech.

CA Assemblyman Donnelly for Governor spoke on child deaths / murders, child kidnapping and extortion perpetrated by the government in his speech at the NorCal Liberty Summit Conference in Sacramento. Quotes from his speech:

-Referring to California, Assemblyman Donnelly stated, “…the most evil government agencies … they kidnap kids for cash… they are letting children that need them die…at an alarming rate in the state of California.”

-Assemblyman Donnelly also mentioned and exposed a conversation with a business employee and his chief of staff, where the employee stated,” Don’t you know how big / bad Government is getting? They kidnap children from parents.”

-“The Party (California) we have today that is in charge of this state are Marxist Progressives. They are looking to literally redistribute everything you have. Not only your wealth...Everything! Heck they are after our kids…”

-Assemblyman Donnelly stated in the Q and A on human trafficking, “Minors are the focus of my campaign.”... ”An awful lot of minors that are being trafficked...”

-He also stated that what we need / should have in this country is a “REVOLUTION” because things are that bad.

Have you ever heard of such statements from a politician? I know for many years now I have preached that what we are dealing with is Government Fraud, Corruption, Child Kidnapping, Child abuse and Extortion. It was truly refreshing to hear these issues spoken from a politician / patriot and brought to light.

I also had the honor and pleasure of speaking with Assemblyman Donnelly …concerning parental rights, children rights… He was inspiring and very passionate about these issues. GREAT! I was very impressed with Assemblyman Donnelly and his great speech exposing government child abuse.

Assemblyman Tim Donnelly (Candidate for Governor) is a champion for our cause at the State Political level that we desperately need. His speech and platform highlights our issues and I definitely believe he is the real deal.

Again, I have never ever heard such statements or truths from any politician in all my years of being involved with these most corrupt and heinous government officials and agencies. These issues should be front and center with all politicians.

We cannot pass up this opportunity! We must take action in support of Assemblyman Tim Donnelly (Candidate for Governor)
Please repost and PASS IT ON
~~~~~~~~~~~~~~~~~~~~~~~~~~~

Now on sale as a hardcopy:
Standing InThe Shadow of the Law
  Shadow-Special
Special Edition - Expanded and   More information than Original VersionBy Marilyn Harrison
 

         http://nfpcar.org/Shadow/Hardcopy Now Available>> Purchase Now ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Wednesday, October 16, 2013

When the Law "Breaks the Law"

Control those who Control YOU!
The Wild Wild West was won by a few folks clever enough to establish "Law & Order" in the unsettled wilds west of the Mississippi by bringing along:
England, did you say?
Yup!

In that single book (you can get a Kindle or Nook version for free) written before our Declaration of Independence, those early settlers found enough common-sense law to jail bandits, hang rustlers, and open the way for railroads and booming towns and cities ... impossible without law and order.

Contrary to what you see on TV, it wasn't faster guns or bigger fists that settled lawless towns like Tombstone and Dodge City. It was the support of local townsfolk who wanted law and order. People who believed in the principles of Justice found in those two books: the Bible and Blackstone. People with courage to put an end to lawlessness.


Yet today we face a new threat lawlessness!
  • It may be a bank using fraud to foreclose.
  • It may be a corrupt business partner, ex-spouse, or next-door neighbor out-of-control.
For many it's the threat of government officials refusing to follow the law - tax collectors, police officers, and corrupt judges who break the law to allow fraud to reign free in their courts as lawyers rape people who do not know "How to Win in Court".
  • When "the law" becomes outlaw, there's only one remedy.
People who know how to use the Rules!
  • The Rules of Evidence that control all civil and criminal proceedings in state and federal courts comprise less than 30 pages in the official rule books?
  • The Rules of Procedure that control all civil and criminal proceedings in state and federal courts comprise less than 60 pages in the official rule books?
You can use those rules to control every judge, every lawyer, every bank, every giant corporation, your next door neighbor, a business partner, and every state and federal agency trying to pull the wool over your eyes.

Solve your legal problems today the same way western settlers brought lawlessness to its knees in the Wild West more than a century ago ... learn the Rules!
Justice is Yours for the Taking!
Protect yourself children from lawless legal officials, scheming bankers, incompetent doctors, rival siblings, and anyone else who seeks to do you harm.

 If a fraudulent lender, bill collector, tax man, corrupt judge, crooked lawyer, or anyone else uses unlawful force to deprive you or your family of your rights, teach them a lesson!

That's how the West was won!--Learn now at How to Win in Court
 ~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Now on sale as a hardcopy:
Standing InThe Shadow of the Law
  Shadow-Special
Special Edition - Expanded and   More information than Original VersionBy Marilyn Harrison
 

         http://nfpcar.org/Shadow/Hardcopy Now Available>> Purchase Now ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Tuesday, October 15, 2013

Retrospective on U.S. Judicial Reform - Online Discussion

Let's Gather Again Around The Virtual Round Table




This Thursday - October 17, 2013 at 7:00 pm CT, attorney Michael McCray and NFOJA’s own Dr. Andrew D. Jackson will join your host, Zena Crenshaw-Logal, at “The Virtual Round Table” to discuss this remarkably important topic: “Third Branch Triage, 2013 -- A Retrospective on U.S. Judicial Reform Advocacy".
Please note that this broadcast begins at 7 pm Central Time and 8 pm Eastern Time.  To calculate the time for your area, visit http://www.timezoneconverter.com/cgi-bin/tzc.tzc
Visit NFOJA at: http://50states.ning.com/?xg_source=msg_mes_network
 ~~~~~~~~~~~~~~~~~~~
Related Reading:

 Basic Example of a Strong Defense 

Friday, October 11, 2013

Preparing for Hearings or Trial ...


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.
  • Either way, you must prepare.
All you need to know is how to use a handful of tools effectively.
  1. Proper pleadings.
  2. Evidence discovery tools.
  3. Motions and memoranda.
  4. Courtroom objections.
The best preparation begins when the case begins (whether you're a plaintiff or defendant). Here is when you memorize the "pleadings" (i.e., the allegations of the plaintiff's Complaint, the defendant's Answer and Affirmative Defenses, and the plaintiff's Reply to the defendant's Affirmative Defenses.

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.

Pleadings
Pleadings frame the case and tell the court what the fight is about.
 Too many people worry about too many things that have nothing whatever to do with the allegations contained in the pleadings.

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.
  • Now is the time to list the witnesses, documents, and tangible things you have (or can get with your 5 discovery tools explained in my course) that will tend to prove your allegations are true.
  • Now is the time to list the witnesses, documents, and tangible things you have (or can get with your 5 discovery tools explained in my course) that will tend to dis-prove the allegations of your opponent's pleadings.
Motions
Motions "move" the court to act.
  • Now is the time to move the court to take judicial notice of all facts for which the court can be forced to take judicial notice.
  • Now is the time to move the court to take judicial notice of all laws that apply to the facts of the case.
  • Now is the time to file motions in limine to prevent your opponent from bringing in extraneous or prejudicial facts at trial.
  • Now is the time to file carefully-researched memoranda in support of your motions and overall legal position.
  • Now is the time to line up your witnesses, get affidavits of their testimony before you take their depositions, and then take their depositions so you can be assured their testimony at evidentiary hearings or trial will be what your witnesses "told" you it would be.
  • Now is the time to take depositions of your opponent's witnesses, so you can undermine them and show they do not have first-hand knowledge of the facts your opponent intends to use them to present, or that they are biased, or that they are convicted felons or otherwise unreliable.
Objections
Courtroom objections put the judge on notice he will be appealed if he rules against you!
~~~~~~~~~~~~~~~~~~~
Related Reading: