RULES OF CIVIL PROCEDURE DESIGNED TO BUILD A WALL BETWEEN YOU AND THE RULE OF LAW
71The deception is, that this country is a country that is governed by the Rule of Law. Nothing could be further from the truth.
The Rule of Law permits one to represent ones self, in legal matters. However the blatant hostility shown to Pro Se Litigants, those who choose to represent themselves in legal matters, is so rampant as to make the decision; of self representation, fool hardy in most cases.
The old axiom that "a lawyer, who represents him or herself, has a fool for a lawyer and a fool for a client," has got to be a well thought out marketing strategy of some law firm.
The Law is the Law and though it may read slightly different from one Judicial District, to another. Any one who desires to file a complaint Pro Se had better be sure to read the Rules of Civil Procedure, as established and published by their state legislatures.
Here’s an example what you may be up against. Let’s say you file a complaint for fraud. The local Rules of Civil Procedure may place a statute of limitations on the time you can file your complaint and have it recognized by the court.
Miss the Statute of Limitation’s deadline and you will be forced to live with the fraudulent activity of some one ripping you off.
Let’s say you make the deadline, you file your complaint but the company you file against is an out of town, company.
Under the Rules of Civil Procedure, the time to respond to the Summons, notifying them of the filing of the complaint, may be 30, days, because of their out of town status.
Now the exact time and who is ultimately responsible for preparing the Summons may very, but for the sake of this hub, let’s say: the time to respond for a local company is only 20 days.
When the court clerk, who according to the statute that determines who is suppose to prepare and send out the summons, prepares the Summons; she or he prepares if for a local company even though, the defendant company is located out of town.
Later in response to your complaint the out of town, company represented by an attorney; files a Motion to Dismiss, your complaint, citing insufficient service.
The specific area of the Motion to Dismiss, is the fact that [You] – no the court clerk, issued the Summons with the out of town company subject to the incorrect response time.
Believe it or not this default; as a result of a paid court staff member, who by legislative decree is suppose to properly prepare and mail the Summons, will be counted against you and your case [will] be dismissed.
No need in arguing the fine points, the Judge will only side with the paid attorney and you will be left, feeling totally dejected and done-in.
This is only one example, the understanding is if you can’t maneuver the Rules of Civil Procedure, the Court/Judge or Jury will never get to hear or see the concrete evidence you have to support you complaint of fraud.
Sadly once your case is dismissed, normally; with out prejudice, which means you get a do over, you are too frustrated to go through the process again, especially when you consider there is a filing fee of any where from, $90.00 to $365.00 to file the complaint.
This is just one example out of thousands but when you add to it the corruption in the court system, through bribery and other forms of temptations.
The declaration of America being a country governed by the Rule of Law, is one of the biggest lies, and deceptions going.
Now keep in mind none of this is meant to be legal advice, I’m just sharing with your some of my experience with the American system of Jurist-Prudence.
So it’s a good idea that if you plan to represent yourself in a court of law you carefully read the Rules of Civil Procedure, both Federal and for the State you live in.
Knowing the Law is only on tenth of the obstacle course you will have to negotiate to win your argument in court.
www.jurisdictionary.com?refercode=PR0001
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Hi....
I am a first year student in law school now, and I am taking a class in civil procedure. I have only been in class for a month, and I have to say that I really disagree with your assertions in this post. For starters, if you are suing someone who is from a different state as is the case in the example you give, then a federal court automatically has jurisdiction (assuming the claim that you assert is greater than $75,000). So you would be wise to bring your case in a federal court. In that case you are following the federal rules of civil procedure, and once the defendant is served with process, it has 21 days to get back to you. It is more likely than not that the reason the clerk botched the summons on the complaint in your example is that, as a pro se client, you probably drafted your complaint incorrectly and failed to specify that you were suing someone out of state... Also, fir a civil case, if you have a good claim, it should not be hard or expensive for you to find a lawyer to represent you. Many lawyers will represent clients on what is called a contingency basis meaning that they will represent you for free and will only get paid if you win the case. So yeah..... in the case that you are suing for such a low amount of money that the lawsuit will cost more than the amount of money you are seeking, then it isn't worth suing in the first place :)
@ LAWBEAR,
OK, Mr. first year Law student. I've been a Para Legal for 20 Years, I am also old enough to recognize corruption when I have to live under its tyranny. Your critique of my hub is based more on presumption than facts, and that's why you're so wrong.
Here in Pulaski County, Little Rock AR. the judicial system is ran by Masonic Rule as opposed to the rule of law but you wouldn't know that.
You believe in the Law and presuppose that the law is not subject to man's imperfections. When yo are a third year law student or maybe after you've had your briefcase handed to you,in you first adversarial challenge, then come back and offer a comment to my hub till then,I disagree with your comment, but I let it remain because this I recognize your first Amendment right to your own opinion.
JOE BARNETT 12 months ago
excellent hub! you have only cracked the surface there are many more and much more slippery tools that are used from the judge on down that can and do get used against someone in a court of law.ALL of the our so called laws have exceptions to them that would totally neutralize them. you have to ask the judge if you can use the exception or not and depending on his mood or bias he alone decides whether you will have a chance to win or whatever.
best case scenario is write your own contracts and have them signed so that you won't have to go to a court to win and second stay out of ambigously legal situations. great hub!