Winning with Written Words

To win your lawsuit, you must make a winning record with words on paper ... written words, not just spoken words.

You may exercise the most eloquent speech and use the most persuasive arguments in court, but unless your words find their way onto paper to make a winning record of your position, you are only beating the air with your spoken words.

Lawsuits are won with words ... written words.

All lawsuit battles involve words. However, the only words that count are those that end up written in the official court record. Ink on paper carries the day. Spoken words matter only if there is a court reporter to make a written record of what was said.

Going to a hearing or a trial without a court reporter to write down what is said so it can be filed in the court record, for example, is the height of foolishness. Yet, thousands of pro se litigants do just that and lose needlessly.

Any time you appear in court - whether for a hearing or trial - you must make certain that every spoken word will be transcribed, i.e., that a written record will be available afterward.

If you don't arrange in advance for a transcript of proceedings to be made, the judge can do whatever he wants without fear of being appealed. Without a written record no appeal can be taken. With no fear of appeal, a corrupt judge can rule for his friend the lawyer on the other side. He can rule against you just because he doesn't like the way you dress. Perhaps he's got it in for pro se litigants in general. Maybe he thinks you didn't give him the "honor" he thinks he deserves. Any reason at all, and you lose ... all because you didn't take time in advance to arrange for a written transcript to be made before the hearing or trial.

Most people fail to understand that a judge can only be appealed if there is a written record of what happened in the courtroom. If a judge knows his superiors on the appellate court bench can review his decision and scrutinize his courtroom demeanor and rulings, he is much less likely to act "outside the law".

We receive many emails from pro se people complaining about corrupt judges who play favorites with the other side or give them a hard time "just because" they are pro se. In many of these cases, however, we later learn they made no advance plans for the proceedings to be transcribed ... so the judge was free to rule any way he wished with no fear of being reviewed on appeal.

Some people think they can appeal any time they lose. They think the appeal process is another bite at the apple, a second chance to present their case. Nothing could be farther from the truth.

Every appeal rises or falls on whether there was an abuse of justice in the lower court. Did the judge make a mistake? Did he allow facts or testimony to be admitted that should have been excluded? Did he keep out some good evidence that should have been allowed in? Were his rulings according to the rules? Did his errors constitute an abuse of justice?

The only way appellate courts can review lower court actions and decisions is if official written court records are made for review!

If your court allows you to bring your own official court reporter to trial or hearings, do so! Ask the court clerk's office what reporters are used. Contact the reporters directly. In some cases you may need to make an advance cash deposit to cover the cost of their appearance at your trial or hearings. This is the best money you can spend ... if you wish to win your lawsuit!

Ask the reporters about their experience. Explain that you may not need a transcript unless the court rules against you. Do not order a transcript unless you end up needing it. Normally you pay only for actual time spent by the reporter in court. If you need a transcript, the reporter can create it from the recording made in court.

If your court insists on using its own recording system, do yourself a favor and contact those in charge of that system before your trial or hearings. Find out how the record is made. If it is by a live court stenographer, ask to meet with the stenographer before the trial or hearings. If it is made electronically, find out who keeps those recordings and how they are stored. Explain that you may need a written transcript and find out how you get one, how much it costs, and whether you need a court order to obtain it. (If you need a court order to get a transcript, move the court early in your case to grant you that ability ... for, as we've explained in this newsletter, if the judge is allowed to prevent your obtaining a record of proceedings in his courtroom, he then has the power to prevent your appealing his decisions! This is not a good thing. In fact, where this practice is common someone should bring an appellate case to reverse the unconstitutional practice of that court!)

Never trust the court system or judge to do what's right!

And, never, ever trust the lawyer on the other side!

Make absolutely certain you will be able to obtain a written record of all proceedings and that the judge knows you have this power to control him ... to make the judge obey the law!

This info was taken from Jurisdictionary