Allegations & Proof

unhappygrammy-When your not allowed to speak, how can you prove anything? (which goes against "Due Process")

Allegations & Proof

To win your case:

Allege all the Facts

Prove all the Facts

Alleging all the necessary facts is like drawing plans for a workshop project. You make a detailed drawing of all the parts and how they fit together. Expert workmen always begin with a plan, then they follow their plan.

Pleadings are your lawsuit blueprint ... whether you're a plaintiff or defendant. Pleadings are the tool you use to allege all the facts that support your case. They give you and the court a clear vision of the final result you seek. In your blueprint pleadings you set out the facts that support the legal basis that requires the court to rule in your favor.

Failure to start with powerful pleadings always results in a weak case and foreseeable failure in court.

Your pleadings' weakness is the other side's strength.

If you're a plaintiff, the blueprint is a "complaint" in which you allege all ultimate facts necessary to support all essential elements of your cause(s) of action (what federal courts call a "claim on which the court can grant relief"). You make it clear that the court is obligated to rule in your favor if you prove your alleged facts by the greater weight of admissible evidence.

If you're a defendant, your blueprint is an "affirmative defense" in which you allege all ultimate facts necessary to support all essential elements of your defenses. You counter the plaintiff's allegations of fact with allegations of your own. Prove the facts of your affirmative defenses by the greater weight of admissible evidence.

Most pro se people (non-lawyers going to court on their own) draft pleadings as if they were writing a "letter to the judge", weaken their case at the very start by failing to lay out a powerfully complete blueprint for their proofs.

http://nfpcar.org/Legal/Tips/index.htm#What_is_Hearsay_Evidence