 Use Judicial Notice Motions!
Why bother struggling to prove obvious facts?
Every court (state or federal) provides a method for getting around the necessity of proving obvious facts.
This method is called "Judicial Notice". The process is covered completely in my affordable step-by-step 24-hour Jurisdictionary self-help course, but I'll tell you a little bit in this Tips & Tactics!
The process is simple.
You should always use it when you can!
You can make opponents' legal bullets bounce off your chest once the
court takes judicial notice of an obvious fact, because the court's
order settles the issue ... PERIOD!
Obvious facts don't have to be "proven", if you can get the court to enter an order taking judicial notice of them.
You can move the court to enter an order taking judicial notice in
writing or you can move the court by voice in the courtrooom.
Vocal motions are called ore tenus motions.
Written motions are always best (because they become part of the written
record of the case without paying a court reporter to provide a
transcript) but if you're caught at a hearing and need to do so, make an
ore tenus motion (i.e., a spoken motion) and be prepared to back it up by showing that the fact you want noticed is "obvious".
I'll explain by telling a true story, but to learn the rest of the story
you'll need to order my affordable step-by-step 24-hour Jurisdictionary self-help course!
If was nearly 25 years ago when I was just beginning my career as a
licensed attorney. My client was suing her former landlord to recover
her security deposit. The mean old landlord claimed she damaged his
property by cutting down a tree in the backyard.
The tree was a Brazilian Pepper tree, a nuisance plant here in Florida.
The tree is related to poison ivy, poison oak, poison sumac. It's really
more of a bush than a tree, though they grow quite large here in the
Sunshine State. The University of Florida reports some people express
respiratory problems associated with the bloom period of the tree, while
others suffer from dermatitis after contact.
The State of Florida has even developed a detailed management plan for
the pest plant, including creation of a Brazilian Pepper Task Force!
So, here I was arguing for my client at a hearing to get her deposit
back from her stupid, greedy landlord looking to make a fast buck by
playing on the ignorance of others.
Of course I had a court reporter with me, taking down every word said by
me, my client, the landlord, and the judge. That's why I won more often
than others. Making a record is essential to victory (even though it
does cost a bit to pay the court reporter to attend).
My client and I came to the hearing with photographs of the inside of
the house she'd been renting to show how she had re-painted, cleaned the
oven, scrubbed the floors, and left the place immaculate. That's what
we thought the landlord's defense was: that she'd left the place a mess.
When I saw her photographs (and the fact that her friend had taken the
pictures, a friend we brought with us to testify to the accuracy of the
pictures, if necessary) it seemed obvious to me we would win hands down.
Then the landlord starts whining about his lovely tree in the backyard
and how my client had so rudely and without his permission cut it to the
ground and dragged the branches out to the street for the city trash
collectors to take them away.
By some stroke of God's Grace I'd recently read of the Brazilian Pepper
and health problems it was causing, so I simply said, "Your honor, I
move the court for an order taking judicial notice that the Brazilian
Pepper has been adjudged a nuisance plant in Florida and therefore has
no commercial value to justify the landlord's witholding my client's
security deposit."
What happened next was wonderful. The judge smiled, evidently pleased at
the opportunity I presented for him to tell us what he knew of this
pesky bush. He leaned back in his giant leather-backed chair and
actually put his hands behind his head as if he were going to tell a
long story to his grandchildren. And, what a story it was. He went on
for at least 10 minutes about the problems he and his family had and the
concern officials have with the invasion of this plant from Argentina
where it was seen as an attractive ornamental. He talked about rashes on
his own hands received from whacking away at the menace in his own
backyard.
Then, suddenly, he leaned forward in his chair, turned toward the
landlord with a menacing leer and pronounced, "Motion granted. Judgment
for the plaintiff."
So, my client got her deposit money, and I learned a valuable lesson you would do well to learn for yourself.
If a fact is commonly known, you can move the court to enter an order
taking judicial notice of the fact - and then you need not struggle to
prove the fact. It is a fact for all purposes throughout the remainder
of the case!
Of course, like all other motions, the best way to make them is to write
them on paper, file the original with the clerk, serve a copy on the
opposing party, prepare a proposed order granting your motion, and set a
hearing to argue your motion and get your proposed order signed.
I show you how step-by-step in my affordable 24-hour Jurisdictionary "How to Win in Court" self-help course!
See what users are saying ⇒
Help Your Friends!
Forward this email so your friends can get the free
Basic Lawsuit Flowchart
Affordable 24-hour Step-by-Step Self-Help Course Includes:
5-hour video CD simplifies the process of litigation
2 audio CDs present practical tactics and procedures
15 in-depth tutorials on a 4th CD lay out the basics
Free EasyGuide to the Rules of Court
Instant On-Line Access while CDs are in the Mail
Still Only $249 ... plus $7.50 Priority Mail Shipping & Handling
Save legal fees! Control judges!
Defeat crooked lawyers!
www.Jurisdictionary.com
Ask anyone who has our course ... "Jurisdictionary Works!"
Call Toll Free for details: 866-Law-Easy
|
|
Your course is working excellently for me. You make this
complicated subject simple to understand and, most importantly, easy to
apply in the obscure world of law (obscure no more). Most definitely
this is an invaluable tool. I will encourage everyone I know to purchase
your course! Thank you, for your great contribution to society.
... Victor P.
I've been fighting off 3 collection agencies. I am absolutely
ecstatic about my victories. Prior to purchasing your fine program, I
was just one of the ignorant societal herd these people prey upon. Your
wonderful, user-friendly program is the absolute best $249 I have spent
in a long time. My wife overheard the plaintiff's attorney saying,
"Don't mess with that guy!" Wow!
... Dr. Donald B., PhD
... St. Louis, Missouri
Thanks for all your help. I wouldn't have been able to defend myself without you.
... Kimberly T.
The CDs are great!
... R. Bonderman
Your course sets a second-to-none foundation to understand how
the lawsuit process works. I've had several victories! My victories
would not be victories, however, had it not been for your teachings.
... Sam T.
... Clearwater, Florida
I have the defendants right where they belong. I am SO indebted to you!
... Charles H.
Thanks for your tutorial "Evidence Made Easy". The way you
explain the rules is so effective that we pro se plaintiffs have
confidence in our fight for what's right.
... Arcenio A.
Jurisdictionary helped me very much in my Eminent Domain case. Thank you!
... Robert K.
I have your course and am enthralled with it.
... David S.
My attorney kept me in the dark but from your course I learned
enough to realize he was trying to take my real estate for himself, and
I circumvented him thanks to you!
... Anthony A.
... Decatur, Alabama
|
Tips & Tactics
No comments:
Post a Comment