You need the ability to think more in terms like, "That is A view" versus "There is my view and the wrong view." "That is A defense" versus "They don't have a defense." Being impatient or intolerant with another's view, defense or assertion appears as immaturity in the courtroom. Opposing side is supposed to have a view, defense or assertion. Many times you will deal with outrageous arguments using deceit and/or lies that would never be used as arguments outside the courtroom.
The answer to the last part of your question when you ask that If you fail to file such a motion, can you simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which you no longer must prove at trial. By failing to file the motion as the rules require you would be jeopardizing your right to this relief. At trial the defendant’s lawyer will almost assuredly object by stating to the court that you have waived this argument since you didn’t file the motion per the Oregon Rules of Civil Procedure and in all likelihood the judge would probably agree and sustain the objection. There usually isn’t much, if any, wiggle room when it comes to compliance with the stated rules. Whenever you fail to follow a stated rule you are giving the opposing side’s lawyer ammunition to attack your argument. It would behoove you to file the motion to determine sufficiency and request a ruling deeming the matters as admitted since the defendant failed to answer.
I did in fact include the notice advising the defendant’s atty of the consequences of the failure to answer the request, as stated in the ORCP 45 Rule. The 30 days allotted by 45 B have elapsed and I have received no response at all, either admitting, denying or objecting to the request. I’m preparing the Motion To Determine Sufficiency, and I will follow your counsel by including a copy of the Request For Admissions, even though I filed a copy with the Court, along with proof of service, on the day I served the request to the defendant’s lawyer. If the Judge grants the motion, issues an Order… well, my case is halfway won. And, I won’t have to drag a handfull of witnesses into court, against their will, to testify. Many times I’ve felt overwhelmed by this, ready to fold my hand even though I know the defendant’s lawyer is bluffing, trying to intimidate me into giving up. Thank you very much for your knowledge, your advice, and your encouragement. I’m thinking I may very well prevail afterall.
Oh my Lord Sonja, you’re my new hero! I went at it with an attorney on Avvo; I asked a legal question and he more or less belittled me for thinking that I had a case and then for thinking that I could actually handle it on my own. This guy was a real jerk! l know I have a winning case but there are not many lawyers in my area that are familiar enough with the statutes to take it pro bono and therefore take the risk. Even the legal opinions that I’ve read say the case law is sparse. Thank you for standing up for pro se litigants and setting the record straight.
7Running afoul of Federal Rule 11 has been identified as a problem facing unrepresented litigants pursuing frivolous claims. United States District Court, District of Minnesota, and Federal Bar Association, Minnesota Chapter, Pro Se Project (Minneapolis: United States District Court, District of Minnesota, and Federal Bar Association, Minnesota Chapter, 2016) [LINK]. See also Stienstra et al., Assistance to Pro Se Litigants in U.S. District Courts.
Check to see if you qualify for a fee waiver that would allow you to proceed without paying any (or some) court fees. Every jurisdiction is different, but this usually involves filing an application or motion to waive fees, which a judge then reviews and makes a ruling. You will likely need to produce evidence showing that you cannot afford to pay court fees (e.g., affidavit, declaration, bills, bank statements, etc.).
Your Day in Court. This is a video clip from King County, Washington featuring Judge Mary Yu and Stephen Gonzalez. Judge Yu explains the basic layout of the courthouse and Judge Gonzalez talks about courtroom procedure. The information in this video is designed for pro se users of the King County court system but it is general enough that court users in any state can benefit from viewing it.
Language is my love, and though I am fascinated by all languages and cultures, I am, alas, fluent in only one. My Spanish is sporadic, my French frankly poor, my German generally forgotten, my Italian too long ignored, and my Polynesian languages painfully all but non-existent now. And so it is that this website is devoted to the prose of the only language that has endured in my memory over the years: English. I hope that you will join me in exploring and analyzing this diverse and ever-changing language and share with me your thoughts on its usage and development.
In Faretta v. California, the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings. That said, the right to represent oneself is not absolute. It is the Court's right and duty to determine if a particular individual is capable of representing himself, and can inquire into the individual's lucidity and mental status to make that determination.