Emotional moment in court. What if I start tearing up for a minute when it comes to talking about the case?

Lisa, what type of case is this? There are different court proceeding so knowing what Court you will be in and why would be helpful.

Are you being brought to court? If so, maybe the Judge can appoint an Attorney to present you without any charge, that is if you cannot afford to hire an Attorney. Check with the Clerk of the Court to see if the case can be postponed to another date while you obtain an Attorney.

It is never a good idea to represent yourself as court proceedings are quite complicated.

Lisa, as we’ve told you before, there is no way to predict what will happen when you go to court. The fact that you don’t have legal representation does not bode well for you or your case. We’ve told you to get a postponement in order to find legal representation but you’ve decided to proceed anyway. It’s like getting in a car and not knowing how to drive. At this point, we can only tell you to go ahead and go to court and take your chances. Because you’re more or less flying blind, you’ll have to accept whatever the court decides. Shedding a few tears is not relevant.

Lisa--

Really, so try to get a stay for your hearing and try to find an attorney who may take your case pro-bono.

Some judges are absolute sticklers for decorum, and crying? They have seen it all and while some may be "kind"---court is not the place for emotions. They will not be impressed with it and you won't be furthering your case.

It would be helpful is we knew why you were going in the first place---the comment that you are flying blind is true. You REALLY need an advocate in court.
If that is simply not possible--I just wish you luck.

I went first thing yesterday, wrote my paper on a request for extension due to me not being able to find a lawyer yet.She said no..I have money for one I just need one that can get it postponed but they are all busy Friday.. I called 15 lawyers in a week and a half .So no I didn't choose this.Thanks

If the Judge finds shedding a tear when it comes to your 91 year old mom's homestead and trying to save it then so be it cause there's nothing I can do about it..I can't make my heart stop.

Surely they have 'court appointed' lawyers? I mean, if you got arrested you have the choice? Ask at the court. Good luck

Good luck. I have an issue with tears and crying when I don't want to, so I feel for you. You could start by saying this is an emotional issue for you but you will proceed. And then just carry on. Please let us know how it goes. I'll be thinking of you on Friday.

Thank you blannie.. This is such a great response to my message.. I won't be standing there sobing but I might get emotional and when I present my opening statement they will understand if I do.

BuzzyBee my exact thoughts but evidently not.
I think you should have to have one no matter civil or criminal but where I live it's how they want It to be.

Lisa, maybe it would help to first have a big, flat out, messy, lying face down on the bed, out of control cry. Get it all out! You must be extremely angry about this situation as well as sad -- hit the pillows and cry until you can't cry a drop more.

Then, lovingly compose yourself, wash your face, re-center yourself with prayer, quiet sitting, gratitude for all the good things you've ever experienced in this life, regardless of how things turn out. Drink some water or tea. Breathe.

THEN practice saying your statement as if you are in court. Imagine what the courtroom or hearing room might look like, the judge, the court officers, other random people in the court, etc. Imagine it as vividly as you can. Imagine yourself presenting your short but informative statements about your mother's situation, and calmly and concisely answering all questions. Imagine yourself totally nailing it!

Lisa, I still hope there is some way you can get a lawyer on board in this situation ASAP, but I hope and pray things go well for you on Friday whatever happens.

Lisa, you mentioned your opening statement. Is this a criminal case?

It would help if you would tell us what kind of a case it is, whether you're a plaintiff or defendant, and what the purpose of the suit is.

If you haven't read the court rules, you are going in blind.

Lisa I think that once you get started you’ll be alright. Keep your goal in mind when you speak and have your paperwork together. Speak slowly so everyone can understand you. You may tear up at some point, that’s pretty normal & I’m with you - a judge should have a heart & he/she is no better than we are. 
Hopefully you’ll be able to get a postponement to get an attorney. The judge may advise you to get one after they hear your issues, as they are complicated. IMO your case isn’t a DIY. It’s in your best interest to hire an attorney.
Good luck!

Garden Artist..My profile as lisahernandez will tell you about the case..I forgot my password on it so I made a new one. I have a lot of evidence to prove what I say and a couple that has known my mom and dad for many years .Also I reported it to Texas Dept of Ageing and disabled and they turned it over to adult protective services and as of yesterday there is an open investigation.. They might just be helpful especially on Mama.. She's really the only one I care about.She is 91 and still comes to the house to visit.. She is the one that it breaks my heart..And she is going to testify.. It's sad when you have to get your own mom to testify against her dead son .

I would like to ask a question? If you had to represent a 91 year old mother in court for being swindle out of her home that we have lots of memories of with me her and Daddy, then with me getting evicted for moving back to the house after being locked out of It for a year and all my left in it . and nowhere to go but a hotel room. be here in a home that you lived in as a caregiver for my dad and mom.. since 2005. Then she is setting up in a nursing home with her mind but not the mobile ability to walk or see . But really wishing she could of went to Probate Court to make sure the house wasn't on it .. Would you do what I'm doing to the best you can to make her know , Mama you don't have to worry about me leaving you ever again. I lived with my mom at least 10 years . Iv also took care of a uncle when he got put in hospital then got out and died a few weeks later ..Then I took care of an Aunt about 30 miles from Mama's house I burried her in 2009 ,then another aunt from 2005- 2010 I burried her in 2016 Not one of their kids, or my brother or sister ever came to help with dad or mom . They think a phone call every other week was good. I think it's

Lisa, I write with all compassion that in your situation, I would move mountains to find a competent attorney, and work whatever reasonable jobs I could to pay for it. As we've written before, this is not a DIY project.

Attorneys can be hired on a moment's notice; you might not get the best one(s) or the one(s) most desirable, but you will get someone who can make more of an impact than any nonlegal person ever can.

I understand that you feel you haven't been able to get one quickly, but I also know that some firms, especially criminal ones, have staff that can literally turn on a dime, or send a young attorney from the firm, or ask for an adjournment.

And as to your presentation, keep it to just the facts; judges are busy and aren't interested in emotions; while they may offer some sympathy; they want the facts and want to move the case through the docket and on to the next.

And, as I believe I've asked before, what specifically is this hearing? It makes a big difference in terms of time allotted by the court clerk.

www.agingcare.com/discussions/moms-going-to-court-437688.htm

If you put Lisa's name in search you can see her first post. Seems son took Moms house illegally, died and his son sold it. She is trying to show fraud on brother. (Short version)

..I started with my opening statement of saying ,I am here today to present to the court documents that will show that Mary was fraudulently deprived and deceived of her home unlawfully..Then I named my documents but did in list like ,deed,will ect..5 more.Then I said..In these documents and with my witnesses , I'm going to prove t that both my brother and his son did this to her and me and my other 2 sisters.And if character proof is needed I will provide you with that too. Kinda confused how to say this last part .But I know how to present my evidence and witnesses it's just this opening statement I'm stuck on.

Lisa; You said on your other post that you are going to "eviction court" .

What state are you in ?

Who is evicting you? Are you and mom currently residing in the home?

If it's the "new" owner who is evicting you, and he has a deed to the property, I don't think that Eviction Court is the place to fight this.  

Yes eviction due to the fact that I stated . I'm here mama in nursing home read to come back to her room here but she can't as long as we are going through this..

San Saba Texas..It's a forcible detainer eviction..

Lisa--

Do you have ANYONE in your life that has legal training? My son is an attorney and trust me, he spent HOURS getting ready for "mock trials" in law school. MOCK TRIALS that had no legal outcome. He said it was so painful and stressful--he isn't even ever going to practice criminal law and will likely never see the inside of a courtroom!

Worst mistake you can make is representing yourself----I keep hoping you will think of someone with some legal expertise to guide you.

The other "side" has attorneys--correct? They will chew you up and spit you out. (I know it sounds like I am slamming my own son's choice of careers, but lawyers aren't in it to LOSE....)

If you cannot find help...even legal aid...then I will just pray you have a compassionate and patient judge. While you have every right to represent yourself, most people wouldn't even consider it as you have so much at stake.

Please--google "legal aid" in you area and try to see someone who can make a coherent sense of what you are trying to do.

And also?(I am trying to be kind) The judge will not care about how many family members you cared for---they will wants facts only.

I do wish you the best of luck. I'd never attempt to represent myself in court. I watched my brother do it and he got completely shut down by the judge. (Of course he was guilty as sin and had NO character witnesses, not a soul...but still. He thought he knew what he was doing. A 3 year prison sentence is hardly "winning")

Please spend some time/energy trying to get legal aid.

Barb, you asked essentially what I was trying to find out. There are many different kinds of "hearings", with different criteria for proof, different criteria for asking for relief, etc. Now I see that it's an eviction hearing. That's much different than many kinds of hearings, many of which arise from motions. That's what I was trying to
find out from Lisa. Thanks for asking the question that prompted an explanation.

MidKid, exactly my concerns. Thanks for stating them so eloquently.

There are burdens of proof and standards for them that must be met. This is where Lisa could flounder if she hasn't read the court rules.

How do you read court rules.I pulled up the website for procedure on a forcible detainer eviction and read it .It's a burden of possibilities on this civil Case...

Pulled up the process of a forcible detainer eviction .It beyond a possibility not reasonable doubt I think ?

Lisa,

Not necessarily in answer to your question...I found the affective statute for you:
www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm. It would help to read it over before court, a section at a time. I didn't have time to read it all tonight.

If it is a statute and issue of "beyond a possibility, not reasonable doubt" (which doesn't make sense to me - something's not "jelling" in my mind of what constitutes "beyond a possibility, not reasonable doubt"), you'd have to meet that standard (as probably defined by statute and possibly interpreted by case law - i.e., through cases in which the definition is modified, enhanced, elaborated and/or interpreted).

The judge will issue what's known as jury charges, or jury instructions, which define the standard enough so that the jury understands it. The jury will then be charged to consider and debate on whether the standard has been met in the presentation by the plaintiff (I assume that's you and your mother).

Defining the standard is well beyond me; I'm not familiar with that, especially for Texas.

As to reading court rules, there are several hits on "Texas, court rules":
www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm

This provides a link to the Texas Civil Court Rules:
www.sll.texas.gov/the-courts/texas-court-rules/

and the Texas Rules of Civil Procedure. I'm only familiar with the MGCR - the Michigan General Court Rules (but haven't read them for years). They define the method of service, pleadings, motions, etc., and more.

Download the files from this site:
www.sll.texas.gov/the-courts/texas-court-rules/

www.txcourts.gov/rules-forms/rules-standards.aspx.

(I tend to get a bit mixed up when I'm switching back and forth between screens, especially this late in the evening, but what you want are the downloadable forms of the Rules of Civil Procedure and of Evidence. I'm a bit rusty on criminal law, but I believe that the Evidence section may set the standard for reasonable doubt.

But I haven't done criminal law in decades, and I'm not familiar with Texas law, at all. So all I can do is offer suggestions for you to follow.

I'm really pressing the limits of my knowledge here, so I'd suggest you read the rules and try as best as you can to interpret them.

Hopefully one of the resident attorneys here will chime in and offer a real legal opinion.

Just asking how did it go?

Very interested.

I’m confused. Are lisahernandez, Lisaromair and Withoutapaddle the same person? I don’t pretend to know anything about Legal Issues, but what this poster describes sounds like a criminal trial complete with jury. Why couldn’t this be solved by sitting down with an arbitrator? I am just thoroughly confused. I just have this feeling Ive read this story before, something about Don Quixote?

Ahmijoy raises good points. Mediation used to be arbitrary in Circuit Court level actions in my area, but then there are also quite a few Circuit Court judges. I believe Lisa Hermandez a/k/a Lisa Romair is/are in Texas, in a small town. I finally realized from I think it was Barb's post that WithoutaPaddle is a different poster.

Lisaromair:

IMO, you would be best served by getting an attorney pronto.

Judges can be sticklers for procedure and if you do not follow procedure you will lose your case, even if you are the true victim.

You know the saying: "A person who acts as his own attorney has a fool for a client."