|COURT SHALL NOT DENY FOR WANT OF FORM - AS ANY REASONABLE PEOPLE UNDERSTAND|
COURT SHALL NOT DENY FOR WANT OF FORM -
This language can and possibly should be included in the papers you write Sui Juris to the court. The court will say anything to refuse to act or to dismiss your cases. One of their favorite ruses is "denied for want of form".
Control the Judge ...
The first question one can ask the judge at a hearing on your motion(s) is, "Judge, have you read my motion?"
If the judge says he's already read your motion, then you can refer to it in general as an outline while making your argument - taking care to touch all points so the court reporter writes down every word.
If the judge says he's not read the motion, One might ask, "Would the court care to take a moment now to review the written motion?"
If the court agrees, wait silently while the court reads the motion, keeping on guard for your opponent's attempts to interrupt the judge's train of thought (which happens when you're dealing with crooked or less-than-professional attorneys.)
If the court gruffly commands, "Get on with it, Mister [you]. Present your argument" then inquire, "Are we on the record?" and don't say anything until you're satisfied that you are and then make certain that you touch every point of your written motion completely and in every pertinent regard, and with the court reporter writing down every word said. After all, your written motion was prepared at the office, where you weren't being interrupted, and where you had hours (instead of only a few minutes) to set out your arguments.
While writing the motion, you had the advantage of doing the legal research, reading cases, statutes, rules, and occasionally constitutional provisions in support of your motion ... whereas standing in a courtroom, being stared at by a gun-toting bailiff, being listened to by an impatient judge who'd rather be playing golf, and being interrupted by one's opponent at every opportunity imaginable, it is far less likely one can keep their concentration on all those points by simply working from memory.
Use your motion as an outline and cover every point in detail before sitting down.
If the judge wants you to hurry along ask, "Excuse me, why the rush to judgment?"
Get admissible facts into the court's record using what are called discovery tools.
One needs to be aware of their State's Rules of Civil Procedure regarding discovery. Should be readily available in local law library.
|NOTICE: Legal information presented is not legal advice.|
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