Finding Evidence. Part One..

Evidence is the "stuff" you need to prove your case.

But, how do you find it?

That's the fun part!

In this Tips & Tactics I give you a few ideas on how to use interrogatories to find evidence. You'll learn much more with my affordable, official, step-by-step 24-hour Jurisdictionary "How to Win in Court" self-help course everyone is talking about!

• Interrogatories! Sounds complicated, doesn't it?

Actually, Interrogatories are nothing more than written questions that must be answered in writing and under oath! That's all they are. You'll find forms for them in my course.

• The main thing to remember is you are limited to a certain number.

Jurisdictions differ on the total number of written questions you can serve. Once you've used your limit for a particular respondent, you may not be allowed to use any more for that same respondent. You may move the court for an order granting you permission to use more, however there is no certainty you'll get such an order. So, use them wisely and sparingly.

Rule 33 Federal Rules of Civil Procedure states, "Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts." Individual state rules may allow more or less, but most courts put a fixed limit on the number of interrogatories you can use without obtaining a special court order that is difficult to get except in very special circumstances..

The first interrogatory I serve on opponents reads, "Identify all persons having first-hand knowledge of any material fact alleged in the pleadings of this case and, with regard to each such person, state what they know about each such fact and how they came to know it."

• The other side will have a fit!

They will frequently respond, "Objection, overbroad, unduly burdensome, not calculated to lead to admissible evidence, seeks to inquire into attorney-client privilege," etc., etc., etc.

• If you get one of these boiler-plate responses, immediately file a "Motion for Better Answers to Interrogatories" and set your motion for hearing!

You are entitled to evidence disclosure! In fact, Rule 26 Federal Rules of Civil Procedure requires such disclosure, as do the rules of ever state court. Don't be hoodwinked by your lack of knowledge about rules and what they require of your opponents.

And, don't be fooled by the all-too-common objection, "The facts sought are not admissible at trial." Facts sought during discovery (i.e., before trial) do not have to be admissible at trial. 

Rules of evidence for discovery requests like interrogatories are different from rules that control evidence at trial. Don't ever forget this. Lawyers may try to trick you by claiming what you seek is inadmissible. Doesn't matter! If it is "reasonably calculated to lead to the discovery of admissible evidence" it is fair game!

Rule 26(b) Federal Rules of Civil Procedure provides, "Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense — including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action.

• Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence."

State rules generally follow the federal rule.

• Don't be left holding an empty evidence bag!

How to use interrogatories (and your other powerful evidence-finding discovery tools) is explained in my case-winning, affordable, amazingly popular, 4-CD, step-by-step, 24-hour official Jurisdictionary "How to Win in Court" self-help course everyone is talking about.

• Don't let lawyers trick you!

You have an unchallengeable right to find the evidence you need to prove your case.

Evidence + Legal Authority = Victory in Court!

Your children deserve to know " Learn "How To Win In Court"
... and so do YOU!

_____________________________________________________

Related Reading: Going Pro Se. Is it Right for YOU??

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

  Another Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", Special Ed. What is? Creating Your Own Law Book
Excerpts from this document
Reason for Law Book  ~Using Your Law Book

(Best Reference in Plain English to set up your Law Book)

 Learn More About this Book>> Click Here

Learn "How To Win In Court" ... without a lawyer

Your #1 RIGHT

. At the barbershop, enjoying a lovely beverage with friends, or jawing at the office water
cooler with colleagues, conversation sooner or later turns to "rights"

Let's face it, "rights" are great to have and a favorite topic to talk about, yet few of you know your #1 "Right" ... 

without which "Right" all your other "rights" are just empty promises.

 If you have a "right" - let's say the "right" to run your business or the "right" to protect trade secrets or the "right" to receive a fair trial in a criminal case, and your "rights" are ignored by others, what can you do?

If you can afford to hire a trustworthy lawyer (an oxymoron in some circles) you might pay lots of money and send your lawyer to court to: enforce your "rights" for you ... 

• hoping with all your fingers crossed that things will turn out ok, and the lawyer's fees don't drive you into bankruptcy.

But, what if you can't afford a lawyer?
Or, what if you aren't sure you can trust the lawyer you hire?
What then?
 
Related Information:

• Questions You Want to Ask Your Lawyer
• Helping Your Lawyer
• Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases - ABA- 2006 (Download pdf) This document out lines the many responsibilities of what lawyers are susposed to do when working with their client. May want to download and review this to document what your lawyer actually does, in your particular experiences. Sections include:
     1) Summary of the Standards;
     2) Basic Obligations of Parents' Attorneys;
     3) Obligations of Attorney Manager; and
     4) Role of the Court..
• Lawyer Legal Ethics and Professional Responsiblities

Until Jurisdictionary®, your #1 "Right" has been hidden from you by the legal profession I've belonged to since 1986, a profession that has never made any genuine effort to reveal to the public or force our tax-supported schools to teach our children just how simple the process of litigation really is and how your tax-supported court system works!

Your #1 "Right" is the "right" to know how to enforce your "rights" in court!
With the Jurisdictionary® "How to Win in Court" 24-hour online law course, everyone can now know what lawyers have refused to reveal since the dawn of time!
Knowledge you and your children have a "right" to know and exercise to get Justice.

Knowledge that should NEVER be hidden from anyone!

• Exercise your #1 "Right" without depending on the honesty and competence of expensive legal assistance.
• Demand that the schools you support with your tax dollars teach this #1 "Right" that is your children's birthright!
• It is nothing short of criminal for the legal profession to keep your #1 "Right" a secret from you and your children, so their privileged few can continue getting rich on exorbitant legal fees!
• If you can afford to hire a lawyer, by all means do so ... but know what the lawyer could be doing (and should be doing) to earn his or her fee and win your case!
• If you can't afford a lawyer, know what you can do to enforce your "rights" ... or risk losing before you've even begun.

Without your #1 "Right", the rest of your "rights" are just empty promises!

• Knowing how to get Justice is everyone's #1 "Right".
• Will YOU know how to get Justice when you need it most?
• Or do you plan on mortgaging your home or borrowing against your business to hire an expensive lawyer then closing your eyes and hoping for the best?

 Your children deserve to know " Learn "How To Win In Court" ... and so do YOU!

___________________________________________________________

Related Reading: Going Pro Se. Is it Right for YOU??

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

  Another Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", Special Ed. What is? Creating Your Own Law Book
Excerpts from this document
Reason for Law Book  ~Using Your Law Book

(Best Reference in Plain English to set up your Law Book)

 Learn More About this Book>> Click Here

Learn "How To Win In Court" ... without a lawyer

Preparing for Hearings or Trial: Introductory Basics

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 competition.

Most court cases can be won before trial.

Our course will show you:

• Proper pleadings.
  Asking a court to grant relief. The formal presentation of claims and defenses by parties to a lawsuit. The specific papers by which the allegations of parties to a lawsuit are presented in proper form; specifically the complaint of a plaintiff and the answer of a defendant plus any additional responses to those papers that are authorized by law.    Pleadings frame the case and tell the court what the fight is about.
• Evidence discovery tools.
  Any matter of fact that a party to a lawsuit offers to prove or disprove an issue in the case. A system of rules and standards that is used to determine which facts may be admitted, and to what extent a judge or jury may consider those facts, as proof of a particular issue in a lawsuit.    Evidence proves the facts alleged.
• Motions and memoranda.
  A written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant. The applicant is known as the moving party, or the Movant.    Motions "move" the court to act.
• Courtroom objections.
  A formal attestation or declaration of disapproval concerning a specific point of law or procedure during the course of a trial; a statement indicating disagreement with a judge's ruling.
      Courtroom objections put the judge on notice he will be appealed if he rules against you!

Learn "How To Win In Court" ... without a lawyer

___________________________________________________________

Related Reading: Going Pro Se. Is it Right for YOU??

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

  Another Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", Special Ed. What is? Creating Your Own Law Book
Excerpts from this document
Reason for Law Book  ~Using Your Law Book

(Best Reference in Plain English to set up your Law Book)

 Learn More>> Click Here