Pro Se Litigation

Stage 2: Discovery

In a civil trial, a Request for Production (RFP) is a formal discovery tool (under FRCP Rule 34) where one party demands specific documents, emails (ESI), photos, or other physical evidence from the opposing side to support claims, build their case, or uncover the other's evidence, ensuring a fair, informed trial by exchanging relevant materials like financial records, contracts, or digital communications. Parties must respond by producing documents, stating objections (like privilege), or providing a privilege log if withholding information, often after a "meet and confer". 

Key Terms:

• Discovery: The formal process of exchanging information between parties about the witnesses and evidence to be presented at trial.

• Interrogatories: A set of written questions used in the discovery phase that one party sends to another to be answered under oath.

• Request for Production (RFP): A legal request for the opposition to provide specific documents or tangible items for inspection.

• Affidavit: A written statement of facts confirmed by the oath or affirmation of the party making it, often used as evidence in motions.

What RFPs are used for:

• Obtaining Evidence: Getting emails, texts, contracts, financial statements, photos, and other tangible items.

• Supporting/Refuting Claims: Finding data to prove or disprove facts in the lawsuit.

• Identifying Opponent's Case: Discovering what evidence the other side plans to use. 

How RFPs work:

• Served by a Party: One side sends a list of specific requests to the other.

• Response Required: The receiving party must provide the requested items or state valid objections (e.g., privilege, undue burden).

• Production in Stages: If a large volume, production can be staged, with dates specified.

• "Meet and Confer": Parties often must discuss objections to resolve issues before court intervention. 

Key aspects:

• Not for Facts: RFPs request evidence, while interrogatories are for written answers to factual questions.

• No Federal Limit: Federal rules don't cap RFP numbers, but local rules or court discretion (Rule 26(b)) can limit scope if discovery is excessive or irrelevant.

• Transparency with Objections: An objection must state if anything is being withheld, requiring a privilege log for privileged items, according to LII and www.advocatemagazine.com. 

Examples of requested items:

• Emails, texts, social media data

• Bank statements, tax returns, payroll stubs

• Insurance policies, medical records

• Contracts, business records  narrow down the issues in dispute.

This is just an example. We illustrated some RFP's but there are also RFA's (request for admission) and Interrogatories. All have their purposes and can be very useful.

Stage 3: Depositions and Objections

Civil trial objections are formal protests by lawyers to stop improper questions, testimony, or evidence, ensuring fairness by enforcing rules of evidence, with common types including hearsay, leading questions, relevance, and speculation, requiring a timely, specific statement of the legal grounds, leading to the judge's ruling to sustain (uphold) or overrule (disallow) the objection. 

Common Types of Objections

• Hearsay: Out-of-court statements offered to prove the truth of the matter asserted (e.g., "He said he saw it happen").

• Leading Question: A question that suggests the answer (e.g., "You saw the red car, didn't you?").

• Relevance: Evidence that doesn't relate to the facts of the case.

• Speculation/Lack of Personal Knowledge: Asking a witness to guess or testify about something they didn't directly experience.

• Asked and Answered: Asking a question that has already been answered by the witness.

• Argumentative: A question that challenges or argues with the witness rather than seeking information.

• Compound Question: A question containing multiple questions at once.

• Foundation/Authentication: Not establishing necessary background before asking a question or introducing an exhibit.

• Privilege: Seeking confidential information (e.g., attorney-client). 

How Objections Work

1. Raise Objection: An attorney stands and says, "Objection, Your Honor, [legal ground]," as soon as the improper question or evidence is presented.

2. Judge's Ruling: The judge decides if the objection is valid.

• Sustained: The judge agrees; the question/evidence is disallowed, and the witness usually stops or the evidence is struck.

• Overruled: The judge disagrees; the question/evidence is allowed to proceed

Next Steps: The objecting lawyer might ask the judge to instruct the jury to disregard testimony if an answer was given before the objection was ruled on, while the questioning lawyer might rephrase the question.

Stage 4: Trial Basics

Trial preparation involves a comprehensive process of gathering evidence, organizing exhibits, preparing witnesses, developing legal arguments, and handling logistics like technology and courtroom procedures, all aimed at building a compelling narrative for the judge and jury, often utilizing discovery, motions, and mock trials to refine strategy and ensure a calm, organized presentation of the case. 

Key Terms:

• Evidence (Admissible): Information, documents, or objects that the court allows to be used to prove a fact in the case.

• Burden of Proof: The obligation to prove one's assertion. In civil cases, this is usually the "preponderance of the evidence."

• Exhibit: A document or object produced and identified in court or for a deposition for use as evidence.

• Sustained / Overruled: The judge's rulings on objections; "Sustained" means the objection is valid; "Overruled" means the questioning may continue.

• Motion in Limine: A request made to the court before trial to exclude or admit certain evidence from being presented.

Key Steps in Trial Preparation:

• Case Strategy & Narrative: Develop a clear theme, story, and legal arguments, outlining the burden of proof and anticipating the opponent's points.

• Discovery & Evidence: Collect, organize, and exchange all evidence (documents, objects, statements) through discovery, and prepare exhibits, ensuring admissibility.

• Witness Preparation: Identify, secure (subpoena), and prepare fact and expert witnesses for direct and cross-examination, potentially with mock sessions.

• Legal Documents: Draft essential documents like trial briefs, jury instructions, opening statements, and closing arguments.

• Logistics & Technology: Plan courtroom logistics, use trial presentation software, test equipment, and prepare digital and hard copy trial binders.

• Pre-Trial Motions: File motions (like motions in limine) to resolve issues or exclude evidence before trial.

• Practice & Review: Conduct mock trials and continuously review and revise the strategy up to the final pretrial conference. 

For Individuals (Not Lawyers):

• Organize: Keep all documents, evidence, and timelines meticulously organized.

• Communicate: Stay in close contact with your attorney, asking questions and providing information.

• Prepare for Testimony: Practice what you'll say, review your statements, and stay calm and credible.

• Know Your Case: Understand the key facts, evidence, and narrative.

• Self-Care: Manage stress, as trial prep is demanding.