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In the sections below, you will find articles giving more insight into the process of filing or defending against a lawsuit, including a variety of helpful resources to help you along the way. FindLaw's Lawsuit Help and Resources section includes practical advice and suggestions about how to hire an attorney, best practices for working with an attorney during a case, worksheets to help you determine a fair settlement amount, and also some resources related to the litigation process, a variety of legal forms, and related materials to help you with your lawsuit.

Guidelines for Giving Your Deposition

A deposition is a civil pre-trial oral testimony taken under oath. It is basically deposition is basically a written record of oral testimony, in the form of questions and answers, made before a public officer (Court Reporter) for use in a lawsuit. It is important to remember to listen to the question being asked and if you don't know the answer, do not guess. Your attorney may ask questions of you during the deposition, but typically your attorney will only ask questions of you in order to clarify a confusing answer. If there are some issues about your case that you consider worrisome, those matters should be discussed with your attorney before the start of the deposition.

Should You Represent Yourself in Court?

Representing yourself in a criminal case is never advisable. However, litigants routinely represent themselves in both small claims courts and family law matters. To be sure, you have a right to represent yourself in all court cases. When you represent yourself, you are called a “self-represented party.” In some cases, like landlord/tenant and family, the court has developed easy-to-read court forms to help non-lawyers. Simplified court rules help non-lawyers in other cases, like small claims cases.

Judge versus Jury Trials

Choosing between a judge or jury trial is never an easy decision and you should discuss the matter more fully with your lawyer. However, even if you think that you would prefer a judge trial for your case, you still may end up having to argue in front of a jury. This can happen when your opponent in your case has a right to select trial by jury over a judge trial.

Sample Forms and Worksheets

Knowing the right forms to fill out and the right questions to ask in a legal proceeding is never easy. While you may hire an attorney to handle the paperwork, being familiar with the language is important. For instance, understanding how a settlement works, knowing the language used on a subpoena or simply trying to decipher what to look for in a mediation session is crucial to getting the results you want.

Consult an Experienced Attorney

If you are being sued or have a pending criminal case, you may need an experienced attorney. A good lawyer will ensure that you are given the fairest chance to prevail in your case. Keep in mind that it's important to speak to a lawyer familiar with the laws in your jurisdiction. Most offer free consultations, so your first step should be to contact an experienced attorney.

Recent Topics

  • Mediation Worksheet
    Created by FindLaw's team of legal writers and editors.

    Handy worksheet to help you gather pertinent information, collect your thoughts, and get a handle on the main issues of your case before beginning a mediation (as an alternative to litigation).

  • Sample Subpoena Forms
    Created by FindLaw's team of legal writers and editors.

    Sample request for subpoena and a subpoena form from a federal court (the Eastern District of Louisiana), in which the court orders the disclosure of specific evidence or information.

  • Deposition Quiz
    Created by FindLaw's team of legal writers and editors.

    A quiz with 25 true/false questions (and answers) pertaining to the procedures and purpose of a deposition to help you prepare for deposition questions from the opposing party.

  • Using a Lawyer Coach
    Created by FindLaw's team of legal writers and editors.

    Why you might consider hiring a lawyer coach to help you with your case or to avoid liability; such as mediation coaching, litigation advice, and even full representation.

  • Litigation FAQs
    Created by FindLaw's team of legal writers and editors.

    FindLaw's collection of "frequently asked question" articles pertaining to litigation, including FAQs on statutes of limitations; judge versus jury trials; representing oneself in court; and how to hire the right attorney.

  • Litigation Help

    Litigation can be a very complex and sometimes frustrating process, often requiring the skills and experience of an attorney. Even if you do hire an attorney to help you with your lawsuit, it helps to understand what to expect before you enter the co...

  • Litigation Links and Resources
    Created by FindLaw's team of legal writers and editors.

    Collection of links to valuable resources pertaining to litigation and the process of filing a lawsuit, with a state-by-state directory of small claims courts; the American Jury resource guide; and more.

  • Litigation Resources

    If you are involved in a lawsuit, regardless of whether or not you have legal representation, it may help to learn as much as possible about the litigation process. FindLaw's Litigation Resources section includes worksheets, sample documents, and rel...

  • Worksheet: Defendant's Settlement
    Created by FindLaw's team of legal writers and editors.

    Worksheet with short-answer and yes/no questions intended to help defendants in a lawsuit collect their thoughts, gather the pertinent facts, and come up with a fair settlement amount.

  • Worksheet: Plaintiff's Settlement
    Created by FindLaw's team of legal writers and editors.

    Worksheet with short-answer and yes/no questions intended to help plaintiffs in a lawsuit collect their thoughts, gather the pertinent facts, and come up with a fair settlement amount.

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