Post by Jim on Jan 7, 2010 8:58:01 GMT -5
Proper Pleadings
Many people who draft their own pleadings (without the benefit of our affordable step-by-step self-help course) insist on telling the court what they had for breakfast that day, how many children they have, and other non-essentials ... getting their cases off on the wrong foot and promoting the probability they will lose.
Most of these are nothing but a "letter to the judge" ... not true pleadings at all.
Lawsuit pleadings have particular purposes. Telling a sad story is not one of them!
---> Establish the Court's jurisdiction.
---> Allege only facts that relate to causes of action.
---> Demand a favorable judgment from the court.
---> For discovery purposes allege such additional facts as you anticipate the other side will admit so you don't have to use your valuable discovery tools later to get those facts in the record.
Pleadings should be a tersely pointed presentation of the facts and law that support a favorable judgment ... leaving the non-essential details to be filled-in later with discovery.
Add NO FACTS that do not relate to the essential elements of causes of action unless you are doing so for discovery purposes.
Make certain you allege all essential facts necessary to your position ... and add no more facts.
Be concise.
Use a stiletto instead of a club to undo your opponents.
And never make the mistake of thinking you can win a lawsuit by writing a "letter to the judge".
Many people who draft their own pleadings (without the benefit of our affordable step-by-step self-help course) insist on telling the court what they had for breakfast that day, how many children they have, and other non-essentials ... getting their cases off on the wrong foot and promoting the probability they will lose.
Most of these are nothing but a "letter to the judge" ... not true pleadings at all.
Lawsuit pleadings have particular purposes. Telling a sad story is not one of them!
---> Establish the Court's jurisdiction.
---> Allege only facts that relate to causes of action.
---> Demand a favorable judgment from the court.
---> For discovery purposes allege such additional facts as you anticipate the other side will admit so you don't have to use your valuable discovery tools later to get those facts in the record.
Pleadings should be a tersely pointed presentation of the facts and law that support a favorable judgment ... leaving the non-essential details to be filled-in later with discovery.
Add NO FACTS that do not relate to the essential elements of causes of action unless you are doing so for discovery purposes.
Make certain you allege all essential facts necessary to your position ... and add no more facts.
Be concise.
Use a stiletto instead of a club to undo your opponents.
And never make the mistake of thinking you can win a lawsuit by writing a "letter to the judge".
