Been trying to get a lawyer and it's been impossible with such a short notice. So I'm going to represent myself. I have everything ready like witnesses and statements and going to do my best. Anyway, what if I start tearing up for a minute when it comes to talking about the case? Can I just apologize and keep going?
Are you being brought to court? If so, maybe the Judge can appoint an Attorney to present you without any charge, that is if you cannot afford to hire an Attorney. Check with the Clerk of the Court to see if the case can be postponed to another date while you obtain an Attorney.
It is never a good idea to represent yourself as court proceedings are quite complicated.
Really, so try to get a stay for your hearing and try to find an attorney who may take your case pro-bono.
Some judges are absolute sticklers for decorum, and crying? They have seen it all and while some may be "kind"---court is not the place for emotions. They will not be impressed with it and you won't be furthering your case.
It would be helpful is we knew why you were going in the first place---the comment that you are flying blind is true. You REALLY need an advocate in court.
If that is simply not possible--I just wish you luck.
I think you should have to have one no matter civil or criminal but where I live it's how they want It to be.
Then, lovingly compose yourself, wash your face, re-center yourself with prayer, quiet sitting, gratitude for all the good things you've ever experienced in this life, regardless of how things turn out. Drink some water or tea. Breathe.
THEN practice saying your statement as if you are in court. Imagine what the courtroom or hearing room might look like, the judge, the court officers, other random people in the court, etc. Imagine it as vividly as you can. Imagine yourself presenting your short but informative statements about your mother's situation, and calmly and concisely answering all questions. Imagine yourself totally nailing it!
Lisa, I still hope there is some way you can get a lawyer on board in this situation ASAP, but I hope and pray things go well for you on Friday whatever happens.
It would help if you would tell us what kind of a case it is, whether you're a plaintiff or defendant, and what the purpose of the suit is.
If you haven't read the court rules, you are going in blind.
Hopefully you’ll be able to get a postponement to get an attorney. The judge may advise you to get one after they hear your issues, as they are complicated. IMO your case isn’t a DIY. It’s in your best interest to hire an attorney.
Good luck!
Attorneys can be hired on a moment's notice; you might not get the best one(s) or the one(s) most desirable, but you will get someone who can make more of an impact than any nonlegal person ever can.
I understand that you feel you haven't been able to get one quickly, but I also know that some firms, especially criminal ones, have staff that can literally turn on a dime, or send a young attorney from the firm, or ask for an adjournment.
And as to your presentation, keep it to just the facts; judges are busy and aren't interested in emotions; while they may offer some sympathy; they want the facts and want to move the case through the docket and on to the next.
And, as I believe I've asked before, what specifically is this hearing? It makes a big difference in terms of time allotted by the court clerk.
What state are you in ?
Who is evicting you? Are you and mom currently residing in the home?
If it's the "new" owner who is evicting you, and he has a deed to the property, I don't think that Eviction Court is the place to fight this.
Do you have ANYONE in your life that has legal training? My son is an attorney and trust me, he spent HOURS getting ready for "mock trials" in law school. MOCK TRIALS that had no legal outcome. He said it was so painful and stressful--he isn't even ever going to practice criminal law and will likely never see the inside of a courtroom!
Worst mistake you can make is representing yourself----I keep hoping you will think of someone with some legal expertise to guide you.
The other "side" has attorneys--correct? They will chew you up and spit you out. (I know it sounds like I am slamming my own son's choice of careers, but lawyers aren't in it to LOSE....)
If you cannot find help...even legal aid...then I will just pray you have a compassionate and patient judge. While you have every right to represent yourself, most people wouldn't even consider it as you have so much at stake.
Please--google "legal aid" in you area and try to see someone who can make a coherent sense of what you are trying to do.
And also?(I am trying to be kind) The judge will not care about how many family members you cared for---they will wants facts only.
I do wish you the best of luck. I'd never attempt to represent myself in court. I watched my brother do it and he got completely shut down by the judge. (Of course he was guilty as sin and had NO character witnesses, not a soul...but still. He thought he knew what he was doing. A 3 year prison sentence is hardly "winning")
Please spend some time/energy trying to get legal aid.
find out from Lisa. Thanks for asking the question that prompted an explanation.
MidKid, exactly my concerns. Thanks for stating them so eloquently.
There are burdens of proof and standards for them that must be met. This is where Lisa could flounder if she hasn't read the court rules.
Not necessarily in answer to your question...I found the affective statute for you:
www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm. It would help to read it over before court, a section at a time. I didn't have time to read it all tonight.
If it is a statute and issue of "beyond a possibility, not reasonable doubt" (which doesn't make sense to me - something's not "jelling" in my mind of what constitutes "beyond a possibility, not reasonable doubt"), you'd have to meet that standard (as probably defined by statute and possibly interpreted by case law - i.e., through cases in which the definition is modified, enhanced, elaborated and/or interpreted).
The judge will issue what's known as jury charges, or jury instructions, which define the standard enough so that the jury understands it. The jury will then be charged to consider and debate on whether the standard has been met in the presentation by the plaintiff (I assume that's you and your mother).
Defining the standard is well beyond me; I'm not familiar with that, especially for Texas.
As to reading court rules, there are several hits on "Texas, court rules":
www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm
This provides a link to the Texas Civil Court Rules:
www.sll.texas.gov/the-courts/texas-court-rules/
and the Texas Rules of Civil Procedure. I'm only familiar with the MGCR - the Michigan General Court Rules (but haven't read them for years). They define the method of service, pleadings, motions, etc., and more.
Download the files from this site:
www.sll.texas.gov/the-courts/texas-court-rules/
www.txcourts.gov/rules-forms/rules-standards.aspx.
(I tend to get a bit mixed up when I'm switching back and forth between screens, especially this late in the evening, but what you want are the downloadable forms of the Rules of Civil Procedure and of Evidence. I'm a bit rusty on criminal law, but I believe that the Evidence section may set the standard for reasonable doubt.
But I haven't done criminal law in decades, and I'm not familiar with Texas law, at all. So all I can do is offer suggestions for you to follow.
I'm really pressing the limits of my knowledge here, so I'd suggest you read the rules and try as best as you can to interpret them.
Hopefully one of the resident attorneys here will chime in and offer a real legal opinion.
Very interested.
IMO, you would be best served by getting an attorney pronto.
Judges can be sticklers for procedure and if you do not follow procedure you will lose your case, even if you are the true victim.
You know the saying: "A person who acts as his own attorney has a fool for a client."