NOLO ® “ An excellent resource that outlines what’s involved in representing yourself in court—from presenting evidence to the rules of cross examination.” NEW ORLEANS TIMES-PICAYUNE INCLUDES SAMPLE DOCUMENTS & GLOSSARY 7TH EDITION Represent Yourself in Court How to Prepare & Try a Winning Case • File court papers • Prepare for trial • Present a winning case Attorneys Paul Bergman & Sara Berman, authors of The Criminal Law Handbook Free Legal Updates at Nolo.com Story Emma Cofod The Dear friends, Founded in 1971, and based in an old clock factory in Berkeley, California, Nolo has always strived to offer clear legal information and solutions Today we are proud to offer a full range of plainEnglish law books, legal forms, software and an award-winning website Everything we publish is relentlessly researched and tested by a dedicated group of in-house legal editors, who together have more than 150 years’ experience And when legal changes occur after publication, we promptly post free updates at Nolo.com Tens of millions of Americans have looked to Nolo to help solve their legal and business problems We work every day to be worthy of this trust Ralph Warner Nolo co-founder Products & Services Books & Software Get in-depth information Nolo publishes hundreds of great books and software programs for consumers and business owners Order a copy—or download an ebook version instantly—at Nolo.com Legal Encyclopedia Free at Nolo.com Here are more than 1,400 free articles and answers to common questions about everyday legal issues including wills, bankruptcy, small business formation, divorce, patents, employment and much more Plain-English Legal Dictionary Free at Nolo.com Stumped by jargon? 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ISBN-10: 1-4133-1269-1 (pbk.) Trial practice United States Popular works Pro se representation United States-Popular works I Berman-Barrett, Sara J., 1964- II Title KF8841.B47 2010 347.73'504 dc22 2010008721 Copyright © 1997, 2000, 2003, 2005, 2008, and 2010 by Paul Bergman and Sara J Berman All rights reserved The NOLO trademark is registered in the U.S Patent and Trademark Office Printed in the U.S.A No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission Reproduction prohibitions not apply to the forms contained in this product when reproduced for personal use For information on bulk purchases or corporate premium sales, please contact the Special Sales Department Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, California 94710 Please note We believe accurate, plain-English legal information should help you solve many of your own legal problems But this text is not a substitute for personalized advice from a knowledgeable lawyer If you want the help of a trained professional—and we’ll always point out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state Dedications To Andrea, Kevin, Hilary, Vincent, Daniel, and Julia, and to all our readers whose active and knowledgeable participation in courtrooms across the country improves the American system of justice Acknowledgments Our continuing gratitude to Jake Warner and Steve Elias In a field dominated by texts devoted to specific types of legal problems, Jake and Steve saw a need for a book cutting across the entire spectrum of civil cases, and urged us to produce a book that could help all pro se litigants achieve justice while helping litigants represented by lawyers achieve effective representation by becoming “educated clients.” Our thanks also to Mary Randolph for carrying on Nolo’s tradition of excellence and caring We have done our best to fulfill all of their visions by trying to demystify the entire civil justice process Over the course of seven editions, we have been assisted by an array of excellent professional editors and other creative members of the Nolo staff We have also benefited immensely from research assistance provided by attorneys, UCLA Law School librarians, and UCLA Law School student research assistants, in particular by Alyssa Thurston for this seventh edition Finally, for this edition we gratefully recognize the wonderful editorial assistance provided by Emily Doskow To the extent that we have been able to produce a new edition that is not only up to date but also more complete and helpful than its predecessors, we must give much of the credit to Emily, her years of litigation experience, and her careful reading of the entire text Illustration Credits Cartoons All cartoons in this book were drawn by Mike Twohy The following cartoons are being reprinted with permission from the artist: Page 8, © 1981 Mike Twohy, originally appearing in Criminal Defense Page 24, © 1987 Mike Twohy, originally appearing in The National Law Journal Page 143, © 1987 Mike Twohy, originally appearing in The Wall Street Journal Page 216, © 1991 Mike Twohy, originally appearing in The National Law Journal Page 232, © 1979 Mike Twohy Page 270, © 1981 Mike Twohy Page 296, © 1991 Mike Twohy, originally appearing in Trial Diplomacy Journal Page 398, © 1981 Mike Twohy, originally appearing in Medical Economics Page 471, © 1984 Mike Twohy, originally appearing in The National Law Journal Computer Drawn Illustrations All computer drawn illustrations were done by Terri Hearsh Table of Contents Going It Alone in Court .1 The Scope of This Book .2 Can You Really Represent Yourself? Coping With Being a Stranger in a Strange Land Finding a Legal Coach Using This Book 10 Trying to Settle Your Case 12 Alternatives to Trial 13 The Courthouse and the Courtroom 17 An Overview of Different Courts 19 A Typical Courthouse 20 The Courtroom Players 23 The Courtroom and Its Physical Layout 29 Courtroom Rules, Customs, and Etiquette 32 Starting Your Case 37 Do You Have a Good Case? 39 Is Your Lawsuit Timely? 42 Which Court Has the Power to Hear Your Case? .46 Beginning a Lawsuit 55 Pretrial Procedures 73 Know and Follow Pretrial Deadlines 74 Pretrial Conferences 75 Court-Ordered Mediation and Arbitration 75 Initial Pretrial Procedures: Setting Ground Rules 76 Intermediate Pretrial Procedures: Discovery and Motions 80 Final Pretrial Procedures: Trial Preparation 84 Investigating Your Case 93 Informal Investigation 94 Formal Discovery .100 Depositions 104 Written Interrogatories 120 Requests for Production of Documents and Subpoenas 125 Requests for Admissions 129 Settlement 133 Court-Ordered Mediation 136 Court-Ordered Arbitration 140 Offers of Judgment 142 Pretrial Settlement Conferences 142 Postsettlement Documents .145 Pretrial Motions 147 Overview of Pretrial Motion Practice 148 Is a Motion Necessary? 152 What Goes Into a Motion? 152 Scheduling a Court Hearing on a Pretrial Motion 154 Serving and Filing Your Documents 154 Court Hearings on Motions .155 Common Pretrial Motions 157 522  |  represent Yourself in Court Exemplary damages See Punitive damages Exempt property of debtor, 470–471 Exhaustion of remedies, 60 Exhibits, 310–330 “best evidence rule,” 327 closing argument and, 299–300 compliant and, 59 cross-examination and, 275 direct examination and, 262 identify (authenticate) exhibits, 313 lay a foundation for, 313–325 marking and showing to adversary, 311–312 objections to, 327–330 organizing for trial, 330 overview of admitting, 310–311 showing to the jury, 326–327 when exhibits are required, 327 Expert witnesses, 28, 378–396 assessing need for, 378–380 background questions, 252–253 court-appointed, 385 credibility of testimony, 392–393 cross-examining opponent’s expert, 394–396 discovery, 396 fees of, 384, 386 finding and hiring, 383–387 hypothetical questions, 393–394 opinion rule and, 337 pretrial disclosures about, 382–383 questioning your expert, 387–394 resources, 396 resources for finding, 384–385 rules for, 380–383 types of, 383 Extensions, for defendant’s response, 65–66 Eyewitness interview, 95 F “Fact or code pleading” states, 58 Factual assertions in answer, 66, 68 for common claims, 61 in complaint, 58 False imprisonment, elements of claim, 187 Family court, 419–462 contested divorce procedures, 447–453 divorce game plan, 420–433 filing for divorce, 440–443 legal basics, 433–440 modification of support, custody, and visitation orders, 453, 458–462 overview, 419–420 separation or annulment, 433 stipulated judgment (sample), 454–457 temporary orders, 448–452 uncontested divorce procedures, 443–447 Fault-based divorce, 434 Faxes, foundational requirements, 320–321 Federal Bankruptcy Code, 464 Federal court jurisdiction, 46–48 Federal Rules of Civil Procedure (FRCP), 11 Federal Rules of Evidence (FRE), 11 foundational requirements, 325 See also Rules of evidence Final pretrial conference, 91 Financial schedules for child support, 439 for spousal support, 437 Fixed fees, lawyers and, 498 “For cause” challenge, 219–221 Formation, breach of contract claim and, 185 Form books, 486 drafting motions and, 157 “Forum non conveniens,” 52 Foundational evidence, 313–325 business records, 321–323 Index  |  523 diagrams, 317–320 expert witnesses and, 387–390 government records, 323–325 identification and admissibility, 314–315 insufficient foundation objection, 328–329 letters and faxes, 320–321 objection to lack of, 367 photographs, 316–317 resources, 325 tampering with evidence, 315 Fraud elements of claim, 187–188 factual assertions, 61 FRCP (Federal Rules of Civil Procedure), 11 FRE See Federal Rules of Evidence (FRE) Frivolous lawsuits, 41 Frivolous motions, 151–152 Frivolous response, 66 G Garnish wages, collecting judgments, 412 General damages, 62 General denial, in defendant’s answer, 66 Government records, foundational requirements, 323–325 H Hearings See Administrative agency hearings; Court hearings Hearsay objection, 329, 345, 366 Hearsay rule, 341–350 business records, 321 exceptions to, 345–350 out-of-court statements, 342–345 Home investigations, child custody and visitation cases, 452 Homestead laws, collecting judgments and, 411 Hostile treatment in court, 35 Hostile witnesses, 262–264 Hourly rates, lawyers, 498 Hypothetical questions, expert witnesses and, 393–394 I Impaired ability to observe, witness and, 205 Impeaching a witness bias, 204–205, 278–280 cross-examination and, 278–285 deposition and, 105–106 implausible testimony, 284–285 inconsistent statements, 205, 281–283 perception problems, 283–284 prejudice, 280–281 prior convictions, 285 Implausible testimony, impeaching a witness, 284–285 Improper character evidence objection, 341, 368 See also Character evidence Improper opinion objection, 337, 366 Inconsistent statements, witness and, 205, 281–283 Informal investigation, 94–100 Injunctive relief enforcing, 408 jury trial and, 212 “In rem jurisdiction,” 55 Insufficient foundation objection, 328–329 Insurance coverage, admissibility of, 339 Internet research See Online research Interpreters, 26–27 Interrogatories See Written interrogatories Investigating a judge, 215 Investigating your case depositions, 104–120 discovery, 100–104 informal investigation, 94–100 overview, 94 524  |  represent Yourself in Court Request for Production of Documents, 125–129 Requests for Admissions, 129–131 written interrogatories, 120–125 Irrelevant evidence objections, 334, 366 J JNOV See Motion for Judgment Notwithstanding the Verdict (JNOV) Joint Pretrial Memorandum, 84–88 Joint Report of Early Meeting, 77, 78–79 Journals and law reviews, 486–487 Judge court clerk for, 24–25 disqualifying, 213–215 duties of, 23–24 law clerks for, 25 Judge pro tem, 24, 215 Judge’s bench, 31 Judge’s chambers, 31 “Judgment proof,” 415 Judgments, 399–401 collecting, 407–414 divorce, 453 formal collection methods, 410–414 modifying or vacating, 401–402 negotiate payment terms, 414–415 nonmonetary judgments, 408 renewing, 411 resources on enforcing, 410 sample, 400 stipulated judgment (sample), 454–457 Jurisdiction dual jurisdiction, 48 federal courts, 46–48 personal jurisdiction, 52–55 state courts, 48–52 Jurors overview, 27 questions for witnesses during trial, 246 Jury box, 29 Jury instructions elements of a claim in, 186 pretrial document, 89–90 resources on, 479 sample, 90 Jury room, 31 Jury trial alternate jurors, 226–227 challenging jurors, 218–223 deadline for requesting, 215–216 eligibility for, 212 jury fees, 216 pros and cons of, 212–213 questions for prospective jurors, 223–226 resources for jury selection, 227 selection process, 216–218 Jury verdict, 399 overturning or changing, 402–403 K Kelley Blue Book, 97 L Law clerks, for judges, 25 Law librarians, help from, 482–483 Law library bankruptcy research in, 474–475 at courthouse, 22 locating, 483 Lawyers (legal coaches), 7–10, 493–494 Coach Agreement, 497 controlling fees, 499 for divorce case, 422–423 fees of, 498 finding, 9, 494–496 trial duties, 28–29 unbundling of services, 8, 494 working with, 496 Lawyers’ practice guides, 487 Index  |  525 Laying a foundation See Foundational evidence Leading questions cross-examination and, 273–274 direct examination and, 255–256 hostile witnesses and, 263–264 objection to, 364–365 Legal coaches See Lawyers (legal coaches) Legal dictionaries, 484–485 Legal encyclopedias, 486 Legal malpractice claim elements of claim, 186 facts to prove elements, 194–195 Legal outlines, elements of a claim in, 186 Legal research administrative regulations, 491 bankruptcy law, 474–475 books and other publications, 483–487 case reporter numbering system, 490 constitutional law, 489 court cases, 488–489 evidence rules, 480 legislation, state and federal, 487–488 local court rules, 481 local ordinances, 488 methods, 478 online research, 475, 491–493 procedure rules, 481 rules judges must follow, 490 substantive law of your case, 478–480 Legislation, state and federal, legal research, 487–488 Letters and faxes, foundational requirements, 320–321 Lexis, 493 Libel (defamation), elements of claim, 187 Licensing agencies, judgment creditor’s demand for payment, 414 Liquidated damages, 62 Local ordinances, legal research, 488 Local Rules of Court, 11, 39 filing papers, 59 researching, 481 M Magistrate, 24 Malpractice See Legal malpractice claim Martindale-Hubbell, 495 Master calendar systems, 33 Mediation, 14 confidentiality of discussions, 139 court-ordered, 75–76, 136–140, 430 divorce mediation, 428–433, 452 single-issue mediation, 137 Medical declaration, exception to hearsay rule, 349 Medical expense payments, liability and, 339 Meeting of Creditors (341(a) Hearing), 467–468 Metal detectors, at courthouses, 20 Monetary limits, state court systems, 50, 51 Motion See Post-trial motions; Pretrial motions; Trial motions Motion for a Continuance, 83, 158–169 Declaration in Opposition to Motion, 167 Declaration in Support of, 164 Notice and Motion, 160–161 Opposition to Motion, 166 Points and Authorities in Support of, 162–163 Proof of Service, 165 Motion for a Directed Verdict, 151 Motion for a Protective Order, 169–170 Motion for Judgment Notwithstanding the Verdict (JNOV), 151, 402–403 Motion for Partial Summary Judgment, 175 Motion for Relief from Stay, 469 Motion for Sanctions, 83 Motion for Summary Judgment, 83, 173–182 Declaration in Opposition to, 180 526  |  represent Yourself in Court Declaration in Support of, 179 Notice and Motion, 177 overview, 173, 175–176 partial summary judgment, 175 Points and Authorities Supporting, 178 pros and cons of, 174 Statement of Uncontroverted Facts, 175 Motion in Limine, 89, 91, 151, 335 advantages of making, 353 procedures, 353–354 sample of, 355–356 Motion to Compel, 83, 169–171 Motion to Dismiss, 83, 157–158 Motion to Strike, 151 N Narrative questions, 254 “Negative pregnant,” 68 Negligence claim defendant and, 201–202, 205, 206–208 elements of claim, 184–185 facts to prove elements, 192–193 factual assertions, 61 outline of elements and facts, 202 Negotiation, 14–15 divorce cases, 452 No-fault divorce, 433–434 Nonmonetary judgments, 408 Notebook See Trial notebook Nuisance (public/private), elements of claim, 188 Numbering system for case reporters, 490 O Objections, 352–368 admission is improper hearsay, 346 closing argument and, 302–303 common objections, 363–368 to content of testimony, 365–368 declarations of state of mind as hearsay, 348–349 direct examination, 265 to exhibits, 327–330 to form of questions, 363–365 as harassment, 360 hearsay, 329, 345, 366 improper character evidence, 341, 368 improper opinion, 337, 366 irrelevant evidence, 334, 366 making during trial, 254, 357–359 medical declaration is hearsay, 349 overview, 352–353 present sense impression is hearsay, 348 pretrial objections, 353–354 resources on, 368 responding to, 359–363 strike improper evidence, 358–359 Objection to Exemption Hearing, 470–472 Offer of judgment, 142 “On-call” procedures for witnesses, 247 Online research bankruptcy research, 475 legal research, 491–493 Opening statement, 230–242 organizing, 232–234 pitfalls to avoid, 234–238 pros and cons of making, 230–231 rehearsing and presenting, 238–239 resources on, 242 sample statement and outline, 239–241 when to make, 231–232 Open questions, 254 Opinion rule, 335–338 expert witnesses and, 381 Oral contracts, enforceability of, 185 Order to Show Cause (OSC) hearing, 449 requesting, 448 sample OSC hearing, 449–452 OSC See Order to Show Cause Index  |  527 P Pain and suffering, 62 Paper testimony See Declarations Parties, 27 Peremptory challenges, 221–222 Performance, breach of contract claim and, 185 Personal jurisdiction, 52–55 Personal knowledge of witness direct examination, 256–260 expert witness and, 380–381 objection to lack of, 365–366 See also Declarations Photographs, foundational requirements, 316–317 Plaintiff’s case at trial, 184–198 burden of proof, 188–190 elements of a legal claim, 184–186 elements of your claim, 186 evidence organization, 195–197 facts to prove elements, 190–195 proving elements, 186, 188 resources, 198 Plaintiff’s complaint, 55–62 amending, 60 damages, 62 exhibits attached, 59 “fact or code pleading” states, 58 factual assertions, 58, 61 local rules for filing papers, 59 “prayer for relief,” 58, 62 sample, 57 verifying, 59 Points and authorities drafting motions and, 157 Motion for Continuance (sample), 162–163 Motion for Summary Judgment (sample), 178 Police reports, obtaining, 95 Post-trial motions, 151 researching, 403 Practice guides for lawyers, 487 Prayer for relief in complaint, 58 damages and, 62 defendant’s answer, 68 Preexisting injury defense, 193 Prejudice, impeaching a witness, 280–281 Prejudicial evidence See Unfairly prejudicial evidence “Preponderance of the evidence,” 189 plaintiff’s burden, 203–204 Present sense impression, exception to hearsay rule, 347–348 Pretrial motions common motions, 157–182 court hearings on, 155–157 motion and documentation, 152, 154 Notice of Motion, 152 objections, 353–354 overview, 82–83, 148 process overview, 149–150 resources, 182 scheduling a court hearing for, 154 serving and filing documents, 154–155 stipulation instead of, 152, 153 tentative rulings on, 155–156 when to make, 148 See also specific motions by name Pretrial procedures conferences, 75 court-ordered mediation and arbitration, 75–76, 136–141 deadlines, 74–75 discovery and motions, 80, 82–83 divorce cases, 452 expert witness disclosures, 382–383 ground rules, 76–80 overview, 74 settlement conferences, 142–144 528  |  represent Yourself in Court trial preparation, 84–92 Prior convictions, impeaching a witness, 285 Private nuisance, elements of claim, 188 Privileged information, 100, 119 mediation settlement offers and statements, 139 See also Confidentiality Procedural rules researching, 481 resources for, 39 types of, 11 Promissory note claim, factual assertions, 61 “Proof of Claim” forms, creditors and, 466 Proof of Service, 63–65 filing with the court, 76 Pro per/pro se litigant See Self-representation Property and debt division, divorce, 435–437 Property loss claims, documenting, 97–99 Property ownership, personal jurisdiction and, 55 Proposed Scheduling Order, 80, 81 Protective Order, motion for, 169–170 Pro tem judges, 24, 215 Public nuisance, elements of claim, 188 Punitive damages, 62 Q Questioning of prospective jurors, 217–218 R Reaffirmation of Debt Hearing, 473–474 Real estate lien, collecting judgments, 413–414 Rebuttal argument, 302 Release of claims, post-settlement documents, 145–146 Relevance rule, 332–334 Relief from Stay Hearing, 468–470 Remedial measures, admissibility of, 338 Request for Admissions, 129–131 Request for Production of Documents, 125–129 Research See Legal research Retainers, lawyers and, 498 Rules of Court See Local Rules of Court; State court systems Rules of evidence, 332–350 character evidence, 340–341 hearsay rule, 341–350 insurance coverage, 339 medical expense payments, 339 objections to exhibits, 329–330 opinion rule, 335–338 relevance rule, 332–334 remedial measures, 338 researching, 480 resources on, 350 settlement negotiations and offers, 339 state rules, 11 unfairly prejudicial evidence, 334–335 See also Evidence; Objections S Scheduling conference, 77, 80, 81 Scientific evidence, 381 Secured debt, 466 Security, at courthouses, 20 Seizure order, collecting judgments, 412–413 Self-help law centers, 482 Self-representation growth of, 3, hostile treatment in court, 35 overview of, 5–6 Separation, ending a marriage, 433 Service of process, for summons, 63, 65 Settlement, 12 benefits of, 134–135 confidentiality requirement, 146, 202, 339 offer of judgment, 142 post-settlement documents, 145–146 Index  |  529 resources for, 135–136 Settlement conference divorce cases, 452 mandatory, pretrial, 91–92 pretrial conferences, 142–144 Sexual assault/harassment cases, character evidence admissibility, 341 Slander (defamation), elements of claim, 187 Special damages, 62 Special verdict, 399 Spectators at court, 29 Speculation (improper opinion) objection, 337, 366 Starting a case See Case development State court systems, 19–20 jurisdiction, 48–52 monetary limits, 50, 51 Rules of Court, 11 subject matter specialization courts, 50 venue rules, 52 State residency personal jurisdiction and, 53 See also Diversity of citizenship jurisdiction Statute of Frauds, written contract requirement, 185 Statutes of limitations date of harm/discovery, 43–45 lawsuits and, 42–45 Statutory offer, 142 Stays automatic stay, 465, 468–469 Relief from Stay Hearing, 468–470 Stipulation for Dismissal, post-settlement documents, 145–146 Stipulation of the truth of a fact, 196 Stipulations admissibility of exhibits, 311 instead of motion, 152, 153 Strike improper evidence, 358–359 Subpoena, witnesses, 246–247 Subpoena Duces Tecum, 98, 247 Substantive law, researching, 478–480 Summons, 63–65 T Tampering with evidence, 315 Technical defects, raised by defendant, 71–72 Temporary orders, obtaining from family court, 448–452 Temporary restraining order (TRO) obtaining ex parte order, 424–428 OSC hearing and, 449 Tentative rulings, on pretrial motions, 155–156 Territorial limits, subpoenas and, 246 Testifying expert, 383 341(a) Hearing See Meeting of Creditors Treatises (legal), 485 Trial divorce cases, 452–453 order of procedures, 231 Trial de novo, 141 Trial motions, 151 Trial notebook, 12, 209 setting up and organizing, 370–375 Trial record, importance of on appeal, 405 TRO See Temporary restraining order U Unauthorized investigation laws, 95 Uncontested divorce, 434 court procedures, 443–447 Unfairly prejudicial evidence, 334–335 objection to, 329–330, 335, 366–367 Uniform Photographic Copies of Business and Public Records as Evidence Act, 323 Unsecured debt, 466 U.S Trustee, 465 530  |  represent Yourself in Court V Venue rules, state court systems, 52 Verified complaint, 59 Visually recorded depositions, 111 Voir dire questions how to ask, 226 pretrial submission of, 89 questioning of prospective jurors, 217 type to ask, 223–224 W Wage garnishment, collecting judgments, 412 Well, 32 Westlaw, 493 Who to challenge, 222–223 “With prejudice” defined, 146 Witness box, 31 Witnesses credibility issues and closing argument, 295–297 deposition of unavailable witness, 105 eyewitness interview, 95 fees for, 246–247 hostile witnesses, 262–264 identifying people in the courtroom, 258 impeached witness, dealing with, 286–287 impeaching, 105–106 impeaching by defendant, 204–205 impeaching during cross-examination, 278–285 “on-call” procedures for, 247 refresh witness’s memory, 260–262 rehearsing testimony 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RYC7 and USA TODAY Cutting-Edge Content, Unparalleled Expertise The Busy Family’s Guide to Money by Sandra Block, Kathy Chu & John Waggoner • $19.99 The Work From Home Handbook Flex Your Time, Improve Your Life by Diana Fitzpatrick & Stephen Fishman • $19.99 Retire Happy What You Can Do NOW to Guarantee a Great Retirement by Richard Stim & Ralph Warner • $19.99 The Essential Guide for First-Time Homeowners Maximize Your Investment & Enjoy Your New Home by Ilona Bray & Alayna Schroeder • $19.99 Easy Ways to Lower Your Taxes Simple Strategies Every Taxpayer Should Know by Sandra Block & Stephen Fishman • $19.99 First-Time Landlord Your Guide to Renting Out a Single-Family Home by Attorney Janet Portman, Marcia Stewart & Michael Molinski • $19.99 Stopping Identity Theft 10 Easy Steps to Security by Scott Mitic, CEO, TrustedID, Inc • $19.99 The Mom’s Guide to Wills & Estate Planning by Attorney Liza Hanks • $21.99 Running a Side Business How to Create a Second Income by Attorneys Richard Stim & Lisa Guerin • $21.99 Nannies and Au Pairs Hiring In-Home Child Care by Ilona Bray, J.D • $19.99 The Judge Who Hated Red Nail Polish & Other Crazy But True Stories of Law and Lawyers by Ilona Bray, Richard Stim & the Editors of Nolo • $19.99 O R D E R A N Y T I M E AT N O L O C O M O R C A L L 0 - - 5 Prices subject to change About the Authors Sara J Berman is a professor at Concord Law School and Practical Academic Support Services (PASS, specializing in online Bar review and law school academic support) Berman is also the coauthor of The Criminal Law Handbook: Know Your Rights, Survive the System (Nolo), and a regular contributor to The Los Angeles Daily Journal Paul Bergman is a professor of law at the UCLA School of Law and a recipient of a University Distinguished Teaching Award His recent books include Reel Justice: The Courtroom Goes to the Movies (with Asimow; Andrews & McMeel, 1996), Trial Advocacy: Inferences, Arguments, and Techniques (with Moore and Binder; West Publishing Co., 1997), Trial Advocacy in a Nutshell (3d ed., West Publishing Co., 1997), The Criminal Law Handbook (with Berman, Nolo), Nolo’s Deposition Handbook (with Moore; Nolo), and Evidence Law and Practice (with Friedland and Taslitz; Lexis Publishing, 2000) He has also published numerous articles in law journals ... ­epresentatives” to appear on behalf of individuals in administrative agency hearings If you will participate in an admin­strative i hearing, you may want to prepare for it by at least conferring... same in a hearing as in a trial And you still must offer evidence in a way that persuades the judge or hearing officer to rule in your favor Arbitration Arbitration is an alternative to trial... jurors in a civil case • The right to counsel Defendants facing criminal charges have the right to an appointed lawyer, at the government’s expense, in almost all cases In civil cases, plaintiffs and