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his is a multi-part message in MIME format. ------=_NextPart_000_0019_01C3FAAC.3C7F4B00 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Any comments on the following?: "If you file a lawsuit, your #1 concern until trial will likely be = preventing its loss from dismissal or summary judgment. If you allow it = to be lost, you will lose your chances of being vindicated by the = courts, probably be charged defendant's costs - perhaps even his fees - = as well as yours. Your case won't even reach trial or settlement until = it leaps over the dismissal and summary judgment barriers. You are in = greatest danger of losing your lawsuit through dismissal or summary = judgment, if: (1) You are pro se, (2) You are suing the government or a = gov. official, (3) You are suing a powerful corporation, celebrity, or = friend of the judge, or (4) You are alleging Civil Rights violations or = RICO. Your case can be dismissed - regardless of how egregious the = injury to you - due to even a small infraction of a Rule - your merits = may not even be considered. It could even be dismissed sua sponte - = giving you no leave to amend, hearing, discovery, right to refile (i.e. = dismissed "with prejudice"), and res judicata applied. This very = informative manual describes applicable parts of about 140 precedent = cases relating to protecting the right to survive dismissal and summary = judgment for good cases. Citations of Authorities is broken down into = General, Rule 12(B) and Rule 56 (Federal Rules of Civil Procedure), Pro = Se, Civil Rights / Human Rights, Conspiracy, Alternative Theories, = Circumstantial Evidence, Disputed Facts and Contradictory Inferences, = Equitable Relief, Immunity (Sovereign, Absolute and Qualified), = "Conclusory Allegations," 28 U.S.C.A. =A71915, and Long/Detailed = Complaint Precedents. Also includes comprehensive discussions on Optimum = Complaint Preparation, Judgment Analysis (including how judicial = non-decisions are dealt with), Rule 8(a)(2) vs. Heightened Pleadings, = Demurrer (some States) vs. Motion to Dismiss (Federal), Judicial = Immunity, the Holodeck Court and how it is best overcome, Judicial = Defamation of a Party (and applicable case precedents), Unpublished and = Secret Law, the Corruption and Contamination of Case Law, Standing, and = Rule 11(c) issues. While this manual is primarily geared to Federal = Court plaintiffs, most states pattern their Rules and use the same case = law as Federal Courts. If you are a defendant, you need to be able to = anticipate and quickly reply to plaintiff's responses to your motions to = dismiss and for summary judgment. Just like it is foolish to bring your = car to a mechanic without understanding what is wrong with it, it is = foolish to file your case pro se or bring it to an attorney without = understanding the law and how it works. You are usually given only a few = days to respond to a motion to dismiss or summary judgment, and legal = research is complex, time-consuming and tedious - even if you have a law = library nearby! You need to have the case law ammo right at your = fingertips so you can immediately address the issues of the attack = against you. Frank, concise and comprehensive." Are there alternative sources/references for this kind of issue? 140 = precedent cases is a lot of material. =20 Cites, personal experience? mgold@ij.net http://webmail.ij.net/webCheck.htm ------=_NextPart_000_0019_01C3FAAC.3C7F4B00 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML><HEAD> <META http-equiv=3DContent-Type content=3D"text/html; = charset=3Diso-8859-1"> <META content=3D"MSHTML 6.00.2800.1276" name=3DGENERATOR> <STYLE></STYLE> </HEAD> <BODY bgColor=3D#ffffff> <DIV><FONT face=3DArial size=3D2><FONT size=3D1> <P></FONT></FONT><FONT face=3DArial size=3D2>Any comments on the=20 following?:</FONT></P></DIV> <DIV><FONT face=3DArial size=3D2></FONT> </DIV> <DIV><FONT face=3DArial size=3D2>"If you file a lawsuit, your #1 concern = until trial=20 will likely be preventing its loss from dismissal or summary judgment. = If you=20 allow it to be lost, you will lose your chances of being vindicated by = the=20 courts, probably be charged defendant's costs - perhaps even his fees - = as well=20 as yours. Your case won't even reach trial or settlement until it leaps = over the=20 dismissal and summary judgment barriers. You are in greatest danger of = losing=20 your lawsuit through dismissal or summary judgment, if: (1) You are pro = se, (2)=20 You are suing the government or a gov. official, (3) You are suing a = powerful=20 corporation, celebrity, or friend of the judge, or (4) You are alleging = Civil=20 Rights violations or RICO. Your case can be dismissed - regardless of = how=20 egregious the injury to you - due to even a small infraction of a Rule - = your=20 merits may not even be considered. It could even be dismissed sua sponte = -=20 giving you no leave to amend, hearing, discovery, right to refile (i.e.=20 dismissed "with prejudice"), and res judicata applied. This very = informative=20 manual describes applicable parts of about 140 precedent cases relating = to=20 protecting the right to survive dismissal and summary judgment for good = cases.=20 Citations of Authorities is broken down into General, Rule 12(B) and = Rule 56=20 (Federal Rules of Civil Procedure), Pro Se, Civil Rights / Human Rights, = Conspiracy, Alternative Theories, Circumstantial Evidence, Disputed = Facts and=20 Contradictory Inferences, Equitable Relief, Immunity (Sovereign, = Absolute and=20 Qualified), "Conclusory Allegations," 28 U.S.C.A. =A71915, and = Long/Detailed=20 Complaint Precedents. Also includes comprehensive discussions on Optimum = Complaint Preparation, Judgment Analysis (including how judicial = non-decisions=20 are dealt with), Rule 8(a)(2) vs. Heightened Pleadings, Demurrer (some = States)=20 vs. Motion to Dismiss (Federal), Judicial Immunity, the Holodeck Court = and how=20 it is best overcome, Judicial Defamation of a Party (and applicable case = precedents), Unpublished and Secret Law, the Corruption and = Contamination of=20 Case Law, Standing, and Rule 11(c) issues. While this manual is = primarily geared=20 to Federal Court plaintiffs, most states pattern their Rules and use the = same=20 case law as Federal Courts. If you are a defendant, you need to be able = to=20 anticipate and quickly reply to plaintiff's responses to your motions to = dismiss=20 and for summary judgment. Just like it is foolish to bring your car to a = mechanic without understanding what is wrong with it, it is foolish to = file your=20 case pro se or bring it to an attorney without understanding the law and = how it=20 w
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In article <001c01c3fad6$267a4b00$6401a8c0@ij.net>, <mgold@ij.net> writes:
Cites, personal experience?
Read the court rules and local rules very very carefully. Mark every deadline date on your calendar. Do not miss a deadline. === Freelance Litigation Paralegal -- providing support services to attorneys ONLY (I do not work directly for the general public: please have your lawyer contact me) http://hometown.aol.com/sactoparalegal/
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mgold@ij.net wrote: Any comments on the following?:
Learn to post in plain text, rather than in HTML. If you can't do that, you're unlikely to be able to file documents that the Court will accept.
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