Post by Jim on Jan 20, 2010 13:11:56 GMT -5
No wonder so many pro se people lose.
Almost invariably, they insist on telling a story in their pleadings.
That's the first mistake!
Effective lawsuit Complaints and responses to complaints (Answers and Defenses) are not "stories".
Do not tell a story!
Your pleadings (whether you're answering a complaint as the defendant or filing a complaint as the plaintiff) are the most important papers you will file in your case!
The pleadings say what you're fighting about!
They are not stories or "letters to the judge".
That goes for all the papers you file in court, but especially for the pleadings - because your complaint or answer and defenses set out what you intend to prove!
Simply: pleadings allege what must be proven to win!
You'll have an of opportunity to "tell your story" later!
Powerful pleadings perform specific functions.
Telling a story is not one of them.
The Plaintiff's Complaint:
Establish the Court's jurisdiction
State at least one "cause of action"
Allege all fact elements necessary to win
Allege only such additional facts that you know the other side must admit and that will help you prove the essential fact elements necessary to win
The Defendant's Answer and Affirmative Defenses:
Admit or deny each allegation of the complaint
State all the affirmative defenses you have
Allege all fact elements necessary to prove your defenses
Nothing more!
#1 ... Lawyers are famous for chasing rabbits and going on fishing expeditions. Allege more than necessary, and you give the other side more opportunities to chase rabbits and fish for facts that will not help you win!
#2 ... Proving a simple lawsuit is hard enough. The more you bring into the fight, the more work you have to do. Why allege more than you must prove to win? Makes no sense!
#3 ... Judges don't like to read. They are busy people. In most jurisdictions (especially these days with the flood of foreclosures) there aren't enough judges to do all the work. There isn't enough money to pay more judges. The more work you make the judge do to understand your side of the case, the more angry and frustrated the judge will become. Why start off on the wrong foot?
Be concise.
Use a thin, pointed stiletto blade instead of a bludgeon.
Come to the point.
Use simple sentences: minimum adverbs and adjectives!
Draft your pleadings like "letters to the judge" and see how far you get when the other side starts hammering you with abusive discovery requests, digging into the useless details you insisted on crowding into your paperwork to show the court how clever you are!
Keep it simple!
The only facts that should appear in your pleadings are the facts that relate to the essential elements of your causes of action (if you're the plaintiff) or your affirmative defenses (if you're the defendant).
Anything else is excess baggage that will sink your case!
Almost invariably, they insist on telling a story in their pleadings.
That's the first mistake!
Effective lawsuit Complaints and responses to complaints (Answers and Defenses) are not "stories".
Do not tell a story!
Your pleadings (whether you're answering a complaint as the defendant or filing a complaint as the plaintiff) are the most important papers you will file in your case!
The pleadings say what you're fighting about!
They are not stories or "letters to the judge".
That goes for all the papers you file in court, but especially for the pleadings - because your complaint or answer and defenses set out what you intend to prove!
Simply: pleadings allege what must be proven to win!
You'll have an of opportunity to "tell your story" later!
Powerful pleadings perform specific functions.
Telling a story is not one of them.
The Plaintiff's Complaint:
Establish the Court's jurisdiction
State at least one "cause of action"
Allege all fact elements necessary to win
Allege only such additional facts that you know the other side must admit and that will help you prove the essential fact elements necessary to win
The Defendant's Answer and Affirmative Defenses:
Admit or deny each allegation of the complaint
State all the affirmative defenses you have
Allege all fact elements necessary to prove your defenses
Nothing more!
#1 ... Lawyers are famous for chasing rabbits and going on fishing expeditions. Allege more than necessary, and you give the other side more opportunities to chase rabbits and fish for facts that will not help you win!
#2 ... Proving a simple lawsuit is hard enough. The more you bring into the fight, the more work you have to do. Why allege more than you must prove to win? Makes no sense!
#3 ... Judges don't like to read. They are busy people. In most jurisdictions (especially these days with the flood of foreclosures) there aren't enough judges to do all the work. There isn't enough money to pay more judges. The more work you make the judge do to understand your side of the case, the more angry and frustrated the judge will become. Why start off on the wrong foot?
Be concise.
Use a thin, pointed stiletto blade instead of a bludgeon.
Come to the point.
Use simple sentences: minimum adverbs and adjectives!
Draft your pleadings like "letters to the judge" and see how far you get when the other side starts hammering you with abusive discovery requests, digging into the useless details you insisted on crowding into your paperwork to show the court how clever you are!
Keep it simple!
The only facts that should appear in your pleadings are the facts that relate to the essential elements of your causes of action (if you're the plaintiff) or your affirmative defenses (if you're the defendant).
Anything else is excess baggage that will sink your case!
