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Chance uestio Have a legal q and online l solve their lega le p o e p lp e h as been to enever olo's mission h ense, and—wh p N x e s, e d d an ca e ss d fu e For thre imum of nfidence, a co h it w s m le prob out a lawyer ne possible—with get the job u yo lp e h to l the ol available ks containing al ffered every to o o o b e ’v h e is w gl n s, -E ar gal tasks ctical, plain Over the ye publishing pra le day-to-day le n ck ga ta e b to e y w ar s, ss In the ions nece y-step instruct -b p e st d an to s form storm, we got y b d rl o w e th h mputers took ust Maker, whic co Tr g al n n vi o Li rs d e p an r n e We WillMake In the 80s, wh bits and bytes grams such as se ro o p th d l e p al f lo o ve e ce nvenien work and d ooks e speed and co th f o ge ta many of our b n va to s D C took ad d an -packed disks get legal also added form at it's best to th g in iz gn co ful, e R ted making use ed in the 90s ar d st lo p lo x o e N t e r, rn comfy ch modem Then the Inte mputer and a g in your own co in tt a si h it ile w h e w n n le to anyo informatio rmation availab fo in l ga le e nd all at up-to-d here you can fi w r, te n e C ad your line Downlo easiest way to pened our on , o st e e w st y, fa tl e n h to ce T Most re ation directly al eProducts ic rm p fo to in t, n d ie an n s ve cific form of Nolo's cts deliver spe u d ro P e , rk o w own legal r t As your compute Absolutely no t? n ri p in s k o design n our bo continue to re plan to abando ill e w w e an w e s, m d is an best Does th e Internet exp to the law the th ss d ce an ac s r e u lv yo vo s, making technology e rrent product cu r u o l al ve and impro it can be “America’s leading source of self-help legal information.” ★★★★ —YAHOO! LEGAL INFORMATION ONLINE ANYTIME 24 hh u r s a d a y www.nolo.com AT THE NOLO.COM SELF-HELP LAW CENTER, YOU’LL FIND • Nolo’s comprehensive Legal Encyclopedia filled with plain-English information on a variety of legal topics • Nolo’s Law Dictionary—legal terms without the legalese • Auntie Nolo—if you’ve got questions, Auntie’s got answers • The Law Store—over 250 self-help legal products including Downloadable Software, Books, Form Kits and eGuides • Legal and product updates • Frequently Asked Questions • NoloBriefs, our free monthly email newsletter • Legal Research Center, for access to state and federal statutes • Our ever-popular lawyer jokes Quality Law Books & Software for Everyone Nolo’s user-friendly products are consistently first-rate Here’s why: • • • • A dozen in-house legal editors, working with highly skilled authors, ensure that our products are accurate, up-to-date and easy to use We continually update every book and software program to keep up with changes in the law Our commitment to a more democratic legal system informs all of our work We appreciate & listen to your feedback Please fill out and return the card at the back of this book Our “No-Hassle” Guarantee Return anything you buy directly from Nolo for any reason and we’ll cheerfully refund your purchase price No ifs, ands or buts D AN Read This First T he information in this book is as up to date and accurate as we can make it But it’s important to realize that the law changes frequently, as fees, forms and other important legal details If you handle your own legal matters, it’s up to you to be sure that all information you use—including the information in this book—is accurate Here are some suggestions to help you this: First, check the edition number on the book’s spine to make sure you’ve got the most recent edition of this book To learn whether a later edition is available, go to Nolo’s online Law Store at www.nolo.com or call Nolo’s Customer Service Department at 800-728-3555 Next, because the law can change overnight, users of even a current edition need to be sure it’s fully up to date At www.nolo.com, we post notices of major legal and practical changes that affect a book’s current edition only To check for updates, go to the Law Store portion of Nolo’s website and find the page devoted to the book (use the “A to Z Product List” and click on the book’s title) If you see an “Updates” link on the left side of the page, click on it If you don’t see a link, there are no posted changes—but check back regularly Finally, while Nolo believes that accurate and current legal information in its books can help you solve many of your legal problems on a cost-effective basis, this book is not intended to be a substitute for personalized advice from a knowledgeable lawyer If you want the help of a trained professional, consult an attorney licensed to practice in your state 4th edition Represent Yourself in Court How to Prepare and Try a Winning Case by Attorneys Paul Bergman & Sara J Berman-Barrett Edited by Attorney Lisa Guerin Cover illustration by Bud Peen Cartoons by Mike Twohy D AN Fourth Edition Editor Cover Illustration Cartoons Book Design Production Proofreading Index Printing January 2003 Lisa Guerin Bud Peen Mike Twohy Terri Hearsh Sarah Hinman Mu’afrida Bell Janet Perlman Arvato Services, Inc Bergman, Paul, 1943Represent yourself in court : how to prepare and try a winning case / by Paul Bergman & Sara J Berman-Barrett ; edited by Ralph Warner 4th ed p cm Includes index ISBN 0-87337-908-X Trial practice United States Popular works./ Pro se representation United States Popular works I Berman-Barrett, Sara J., 1964- II Warner, Ralph E III Title KF8841.B47 2003 347.73’504 dc21 20020403202 All Rights Reserved Printed in the U.S.A Copyright © 1997, 2000 and 2003 by Paul Bergman and Sara J Berman-Barrett No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher and the authors Reproduction prohibitions not apply to the forms contained in this product when reproduced for personal use Quantity sales: For information on bulk purchases or corporate premium sales, please contact the Special Sales department For academic sales or textbook adoptions, ask for Academic Sales Call 800-955-4775 or write to Nolo at 950 Parker St., Berkeley, CA, 94710 DEDICATIONS To Andrea and David, and to all our readers whose active and knowledgeable participation in courtrooms across the country will improve the American system of justice ACKNOWLEDGMENTS Our thanks to Jake Warner, Mary Randolph, Steve Elias and Shae Irving Your tireless and talented editorial work contributed immensely to the book, and your enthusiasm, vision and senses of humor inspired us to make the book the best it could be Thank you too to all the other members of the fabulous Nolo crew, for your hard work and dedication You have all been wonderful to work with For previous editions of the book, we gratefully acknowledge the assistance of Gordon Griller and Bob James of the Self-Service Center (Superior Court of Arizona), divorce lawyer and mediator Heidi Tuffias and two wonderful student researchers, Julie Drew and Elaine Draper Thanks for the third edition go to UCLA law students Dawn Mortazavi and Duyen Nuyen, who greatly aided our research efforts; and to attorneys Susan M Doherty and Bruce G Landau Finally, special thanks to our bankruptcy editor attorney Steve Elias for sharing expertise, war stories and invaluable insights into the world of bankruptcy For all their help with the fourth edition, our special thanks to our wonderful Nolo editor, Lisa Guerin; UCLA law librarians Linda Maisner and Linda O’Connor; and UCLA law student James Stein ILLUSTRATION CREDITS CARTOONS All cartoons in this book were drawn by Mike Twohy The following cartoons are being reprinted with permission from the artist: Pages 2/8, 15/17, 16/8, 19/13, © 1987 Mike Twohy, originally appearing in The National Law Journal Page 6/2, © 1987 Mike Twohy, originally appearing in The Wall Street Journal Page 10/10, © 1991 Mike Twohy, originally appearing in The National Law Journal Page 11/4, © 1979 Mike Twohy Pages 3/12, 11/12, 13/13, 17/4, 21/12 © 1981 Mike Twohy, originally appearing in Criminal Defense Page 14/12, © 1991 Mike Twohy, originally appearing in Trial Diplomacy Journal Page 15/19, © 1980 Mike Twohy, originally appearing in Saturday Review Pages 2/12, 16/17, 19/6, © 1981 Mike Twohy Page 16/3, © 1984 Mike Twohy, originally appearing in The National Law Journal Page 20/2, © 1981 Mike Twohy, originally appearing in Medical Economics COMPUTER DRAWN ILLUSTRATIONS All computer drawn illustrations were done by Terri Hearsh Table of contents GOING IT ALONE IN COURT A The Scope of This Book 1/3 B Can You Really Represent Yourself? 1/4 C Coping With Being a Stranger in a Strange Land 1/5 D Finding a Legal Coach 1/6 E How to Use This Book 1/8 F Try to Settle Your Case 1/11 THE COURTHOUSE AND THE COURTROOM A An Overview of Different Courts 2/3 B A Typical Courthouse 2/4 C The Courtroom Players 2/7 D The Courtroom and Its Physical Layout 2/13 E Courtroom Rules, Customs and Etiquette 2/16 STARTING YOUR CASE A Do You Have a Good Case? 3/3 B Is Your Lawsuit Timely? 3/5 C Which Court Has Power to Hear a Case (Jurisdiction)? 3/8 D How a Lawsuit Begins 3/17 OVERVIEW OF PRETRIAL PROCEDURES A Know and Follow Pretrial Deadlines 4/2 B Pretrial Conferences 4/3 C Court-Ordered Mediation and Arbitration 4/3 D Initial Pretrial Procedures: Setting Ground Rules 4/4 E Intermediate Pretrial Procedures: Discovery and Motions 4/9 F Final Pretrial Procedures: Trial Preparation 4/11 INVESTIGATING YOUR CASE A Informal Investigation 5/2 B Formal Discovery 5/8 C Depositions 5/12 D Written Interrogatories 5/26 E Requests for Production of Documents and Subpoenas 5/31 F Requests for Admissions 5/34 SETTLEMENT A Court-Ordered Mediation 6/4 B Court-Ordered Arbitration 6/8 C Offers of Judgment 6/9 D Pretrial Settlement Conferences 6/10 E Post-Settlement Documents 6/12 PRETRIAL MOTIONS A An Overview of Pretrial Motion Practice 7/2 B Is a Motion Necessary? 7/6 C What Goes Into a Motion 7/6 D Scheduling a Court Hearing on a Pretrial Motion 7/8 E Serving and Filing Your Documents 7/9 F Court Hearings on Motions 7/9 G Common Pretrial Motions 7/11 ... consult an attorney licensed to practice in your state 4th edition Represent Yourself in Court How to Prepare and Try a Winning Case by Attorneys Paul Bergman & Sara J Berman-Barrett Edited by Attorney... that the courts in a state must follow Generally, states have separate sets of rules for different kinds of courts For example, a state may have one set of rules for its Municipal Courts (courts... realistic alternatives WHY DO PEOPLE REPRESENT THEMSELVES? The National Center for State Courts recently conducted a study to find out why more people are representing themselves in court, rather than