What is the reason most people lose? They voluntarily fail to act and use the rules to their favor.
As always – not legal advice – 3rd party posting
Aside from not creating a good evidence record that cannot be ignored by using discovery properly before trial, the #1 reason our cases fail is we don't enforce the rules ourselves. Why are courts blocking you? Because you don’t know how to MOVE the court to recognize the obvious facts. Don't expect the other side to help you nor the judge to do it otherwise. Judged wait for YOU to move them, you are supposed to do. But if you fail to act, you go silent and lose and you acquiesce. People do it everyday then blame the system for not helping them. It was up to YOU not them.
Why struggle to prove obvious facts? Every court (state or federal) provides an easy way to prove obvious facts. The method is called “Judicial Notice”. Like everything else about “How to Win in Court” course, it's easy to do! And, you should do it whenever you can. But if you don’t plan on doing it them follow through, you will lose and sit there wondering why. YOU failed to force discovery and get it all recognized. If you forget anything else remember those 2 points.
Make your opponent's' legal bullets bounce harmlessly off your educated chest, by moving the court to take judicial notice of obvious facts.
Rarely do public suits involving debt collectors, tax agencies, or traffic ticket revenue chasers have the ability to prove anything. They get you to self confess and concede by not making them prove everything they claim on the record. It is the only game they actually know how to play. Don't spend valuable court energy trying to prove what the court must admit, when you move it to do so properly.
Once the court takes judicial notice of a fact, the court's order settles the issue for all purposes. If a fact is commonly known, move the court to take judicial notice.
This quick legal course can set you up to win HERE
what should we ask for in discovery to show that the bank foreclosed wrongly.
Does anyone have a list of good things to ask for?
Look under the Premium Member folders for the the START HERE folder – for our document on Using Defects – This situation sounds defective to me. Of course do research as well on what is required in your state constitution, etc