I am filing for a restraining order against my roommates for stalking and trespass. The police won't help because I have no evidence that amounts to probable cause. I need discovery for evidence. While the order is important to me, I don't have extra money to hire a lawyer. So I want to try the case myself, which the state statute allows. I do wonder how much would a lawyer cost though. Based on my understanding of applicable statutes, court rules and case law, I think I have a good case. If I fail, I'll just move out. I won't see them again either way, so I see no downside for challenging myself to try this case.
Even though the statutes and the rules provides for a simplified procedure, it is still a trial and rules of civil procedure apply. I will need to:
Perform legal research
File a petition on court forms, which is easier than writing a complete petition
Write and file interrogatories and document requests with the court for approval
Serve respondents and witnesses
Write questions for respondents and witnesses
Prepare answers and objections
Conduct depositions with witnesses
Actually try the case in court
This is far from a complete list, and I don't even have half the list figured out. I didn't do mock trials. I need to learn the basics, and what statutes, rules, case law and law school won't teach me - to try an actual case. I appreciate all advice you guys may have.
I am not sure which forum is the best, so I am posting this on both the Law Student Forum and the Lounge. Sorry if this violate any rules.
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speedbump wrote:I am filing for a restraining order against my roommates for stalking and trespass.
You can't get legal advice here, but if you're going to insist on researching this instead of moving out, I'd start with the question of whether roommates can be served with restraining orders if you're going to continue to live with them.
Also, your 2L grades don't matter as much as your 1L grades, but they don't matter that much less. Surely you have better things to do with your time.
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Don't create duplicate threads in multiple fora. A mod could have moved the thread if they felt it necessary.
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