For winning a case in court isn’t always about I am right and other party is wrong or simply going to court by assuming with an attitude that I am going to win. Nobody will say you in defense that you are right and I am wrong. This doesn’t mean going in to court with defeatist attitude but it means being prepared with your case and anticipating the other party response in planned manner and proper strategy.
In this post, I will throw light on all the major requirements, and share best case pursuing practices. Here are six tips that one should keep in mind before going to the court.
1. Think about any alternate dispute resolution before pursuing litigation
Whenever we do things with a good heart for a good relation to be maintained, results are always fantastic, actually, this brings you to the path of settlement. Try mediation first and also any online dispute settlement platform for a quicker, more cost effective and more satisfactory outcome than litigation as, in litigation, it takes months and sometimes years before a court and it gives you the chance to solve the problem more creatively and with win win situations.
2. Engage a sincere and an efficient lawyer
The first step starts by engaging an efficient and sincere lawyer which is not an easy task. Many things need to be kept in mind while engaging a lawyer or attorney. He should be efficient, sincere and act honestly and fairly in a client’s best interests which will lead to the result oriented goal. More preference can be given to a lawyer who has knowledge about the field of law at hand, if it is the demand of the circumstances of the case, and see whether the lawyer can handle your case properly. In the beginning, you should focus on a clear discussion about the fees of lawyer to avoid any confusion later on.
3. Focus on the elements of your case
Gathering the power to win and preparing our self for war will be needed, as you cannot win a case by simply striding into the court and demanding relief from the Court. Each type of legal claim has a number of “elements” that you’ll need to prove in order to win. For example, in a dispute in a contract, you must prove that a contract existed and that you performed your part of the terms and conditions and on the other hand your opponent failed to meet his or her contractual obligations and that you were harmed as a result as a result of which. You’ll have to plan ahead carefully to make sure that you can prove every element of your case — or, if you are defending yourself against a suit, to make sure that you can disprove at least one element of your opponent’s case.
4. Proper filing of your claim or defense
The first step in securing a successful outcome in litigation starts from the foundation of the case by filing a proper claim. Your theory of the case is what you believed as to what happened and why. You must support each key fact of your case with evidence which should reflect in your petition or reply.
5. Bring admissible evidence and witnesses in court
Make sure your evidence is admissible and bring relevant witnesses in court by identifying them with an eagle eye. As after knowing the elements/issues of your case you’ll have to prove them to win your case and you can figure out what type of evidence will help you prove each key fact/issue. However, not every kind of evidence can be presented in a courtroom: Complicated rules of evidence determine whether a particular document, statement, or item is admissible in court. Although you don’t have to master every detail of these rules, you should do enough research to make sure that you’ll be able to present the evidence you need to win. Make sure they are credible and that they stick to the subject at hand.
6. Follow up and prepare your own case notebook
This is the best way to ensure your success in court. Always follow up your case properly and maintain a notebook to keep track of each and every date proceedings in your notebook and continue to prepare the questions you want to put in evidence to the witnesses (both those who support you and those who support your opponent).and write down your queries, if any, before making a visit to lawyer office. Try to keep in touch with lawyer through email or phone before an effective fixed date and provide the latest information to the lawyer which is relevant with the facts of the case and make sure the lawyer is also providing you the update about the case after the date fixed.