Make a Winning Court Record!
from the desk of Dr. Frederick David Graves, JDTips & Tactics
Each week I receive reports from good people who lost in court because they did not heed the Jurisdictionary warning about the need to make an effective court record and why making an effective court record is essential to winning in court ... with or without a lawyer!
You must make an effective court record to win!
Losers usually fail for one of the following reasons:
- Failure to arrange for a court reporter to record the proceedings.
- Failure to know how to timely object to a judge's errors and get those objections on the record.
- Failure to effectively make legal arguments and get controlling citations on the record.
- Failure to effectively get the essential facts and necessary witness testimony on the record.
I cover only #1 in this Tips & Tactics below. I will cover the others in future Tips & Tactics. In the meantime, you need to order my affordable step-by-step Jurisdictionary course (if you don't already have it) to empower yourself with knowledge necessary to make an effective winning court record.
#1: Failure to arrange for a court reporter to record the proceedings.
Some report they cannot afford to pay an official court reporter to attend hearings. Some say the judge won't allow a reporter. Some even report the record has been altered after the fact.
And, far too many lose needlessly!
You only need to pay for a reporter's attendance, but it is the most important expense you will encounter in court. It cannot be too strongly stressed.
The expense of paying a reporter for a typed transcript is rarely needed and only then if appeal is necessary or the need arises to prove the lawyer on the other side has lied about what happened in court.
If appeal is necessary, there is no effective substitute for an official transcript to clearly show the appellate court what happened, how a judge ruled, and why a ruling was contrary to justice and needs to be reversed or remanded by the appellate court.
Some lawyers prepare falsified orders for judges to sign after hearings, orders that do not comport with what the judge actually ordered! If this happens, and you have no transcript to prove what the judge actually said, you are lost ... along with your case!
In many cases where a transcript is needed, it may be enough to have the reporter type only the few pages that show the error you need to bring to the court's attention.
Aside from these events, it is rare that one needs to pay a reporter for a transcript. So, the only cost is the fee for an official reporter to attend.
If you do not have a reporter, the judge is free to rule however he or she wishes, knowing there is not a thing you can do to appeal effectively without that record!
I occasionally receive emails or visit pro se bulletin boards where would-be legal gurus talk about taking a tape recorder to court, instead of hiring an official court reporter. A tape recording is not an official record and, in some states, to make a clandestine recording is a felony punishable by jail time. Nonsense ideas learned from would-be legal gurus who send junk email to your in-box should be ignored.
Speak to the court reporter. Even when you ask a witness a question or speak to the judge, the important point to remember is that the main thing is what gets in the record. So, speak slowly. Speak distinctly. Don't use run-on sentences. Make certain the witnesses you question give their answers clearly, so the court reporter can get down exactly what was said. If people are allowed to speak too rapidly, the court reporter may miss important words ... and cost you your case. When speaking in the courtroom, visualize your words being written down, just as if you were typing them yourself. Make certain what gets written down is clear and concise ... in case it must be reviewed by an appellate tribunal later on.
Failure to arrange for a court reporter to record the proceedings tells the judge he or she may do as he or she wishes without fear of being appealed!
Nothing, therefore, is more important than the record!
My affordable step-by-step Jurisdictionary course will tell you much, much more about this and how to make an effective record that will convince the judge that the only way for him or her to avoid being reversed on appeal is to rule in your favor!
Click HERE to learn more at our lawsuit self-help website.
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