I am Def. Pro Se, in a civil matter. Evidence portion of trial closed yesterday, Closing Argument set for Apr. 3. I had a well prepared Closing ready for presentation yesterday but am now afforded the luxury of having these extra days to " polish" it considering the testimony that was presented to this point. As I am pondering the " polish", shall I be most concerned with adding reinforcement to what I had already prepared and/or pointing out the weaknesses of their witness ( the Pliantiff ) in establishing their case.
( The Plaintiff lied on the stand several times and I am sure the Judge knows that and was evasive at other times and " couldn't remember at other times. I fairly well destroyed her on examination.) My testimony was truthful, pointed, unwaivering and with total recall. This is an usual case in that it is a Delaratory Judgement Action and their therory about their claim to remedy is substantially different than my theory of claim to remedy. Too difficult to succinctly present here. So my question is, shall my Closing Argument go after them and their theory or/and pointedly "polish" my theory backed up by case law and the evidence produced at trial. Thanx.
Read the complaint and answer. What is being alleged and what has and has not been proven. Every closing varies based upon the evidence, type of case, judge or jury... no way to give you help on this site without trying the case for you.
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Depends on the facts of the case. None can help you without knowing the facts of the case.
Your self review of your efforts to date seems....well....not objective. None of us is well equipped to give a proper review of our own work. Perhaps as you compose your narrative you might assume the judge did not "know" about the lies (and if you failed to explicitly prove them, likely will not take notice of) and assume your testimony was not as clear as you believe, and figure out a way to properly tie up those loose ends.
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If it really went as well as you say, you've got nothing to worry about, do you?
If you're closing argument is anything like what you wrote here, you are probably going to lose. You sound like an overconfident smug know it all. That's not gonna play well with the judge. Consider the possibility that you are very overconfident, and with the judge may have formulated completely different impressions of you and the plaintiff than you think.
The judge isn't expecting a "polished"closing argument from a nonlawyer, and It's impossible for any of us to know what you should emphasize in your closing argument. That being said, you are probably better off sticking to the evidence that was presented at the trial. The judge isn't likely to be very interested in legal analysis or caselaw coming from a nonlawyer. Even if you were a lawyer, my advice would be the same. Trials are about the facts, not the law. So that's what you should emphasize.
How long was the trial? How many witnesses and how many exhibits. I'll check back. You're going to have to work on your humility. Judges hate smug litigants. More when you answer.
This site is filled with gifted trial lawyers and Ill bet not one has worried about polishing a close. We look for ways to make them shorter.
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