The Courts of the State of Missouri do frown on the use of forms. It shows that the litigant is trying to usurp the knowledge and practice of law and is trying to take short cuts in the justice system. The courts only condone the short cuts practiced by the BAR, i.e. plea bargains. I have personally heard Trial Judges admonish litigants who have filed Divorce and Separation actions that have been filed with the use of Forms. No short cuts allowed when it comes to justice for the pro se. Does that mean you have to have a law degree? NO, it means that you have to write what you believe. It means you have to do your research. It means you have to know the Rules of Court.
In the past, when I started, there were no Rules of Court or for that matter complete statutes available. Now there is. If you can read this you have access to the Internet and to my web sight. My web site provides links to Rules of Court as well as the Statutes. There are links to all 50 states, and the case law. Much U.S. Supreme Court Case law is available for free, while a complete set of case law is available for a subscription. There is no excuse, other than illiteracy, for the pro se not to be able to make requests from the court.
Pre trial motions are provided in the interest of the parties in the preparation for trial. These Motions deal with Discovery and evidentiary process. The Rules of Court are laid out in a form that goes chronologically from the beginning to the end. Most states divide Rules of court into sections, i.e. criminal, civil, Canon of Ethics, and rules of evidence. Most states have more or less the same formats. The guide for most are the Federal Rules, Title 18 of the U.S. Codes for Criminal and Title 28 of the U.S. Codes for Civil. This is only complicated if you allow it to be. When reading these take your time and digest it. It is written to provide a fair and impartial process. The trial judges can be sticklers for the process, but the rules provide broad discretion for the trial judge in the interest of justice. All rulings are subject to review under the right set of circumstances. We all know what trial is. Trial is what we saw Perry Mason practice. Trial is what we see on Law and Order; however, the actual practice of law at trial is substantially different in reality. Post Trial Motions are Motions filed after trial. It should be remembered that just because trial is over does not mean the case is finished. In the State of Missouri a trial court retains jurisdiction of its rulings for 30 days. You can file motions to reconsider and Motion for New Trial, and the trial court must hear the motion. Upon conviction in criminal cases in the State of Missouri the defendant is notified by the trial judge of post trial motions based on Missouri Supreme Court Rule 29.15 and 29.035 and the time limits to file said motions. Upon the trial courts ruling of the appropriate post trial motion then the judgment becomes final and you have 10 days to file Notice of Appeal and a whole new process begins. Issues of stay and writs of Habeas Corpus, Prohibition, Mandamus, and of course Certiorari all become part of the legal process. So just because the trial court has ruled against you does not mean it is time to throw in the towel.
The parties may request reconsideration of rulings but the party must show cause for this reconsideration. I have found that many trial judges try pro se litigant to see if they are capable of stating the cause of action. This is the time that legal research and the ability to cite the binding authority to obtain favorable rulings are so important.
How does one write petitions and motions if forms are frowned upon? This is a very good question, and this is my opinion. The concepts of justice system are embedded in all of us at an early age. We all know what is fair although, we refuse to admit it when fairness puts us on the losing side. I believe that we should write from the heart. We should ask the court to rule according to what we believe the law is. If we don't, we lose the chance to bring the issue up at later stages in the process. Even if we are ruled against by stating our position and objecting to adverse rulings we maintain the right to appeal, and you should bring the issue up over and over again thus forcing the trial court to make the same ruling over your objection.
It is always preferable to cite the legal authority that we believe gives the right to the ruling we request. I like to use the appropriate Rule of Court in the first line of my motions. My motions begin: "Comes now " and goes on to state "pursuant to" the Missouri Supreme Court Rule. In Petitions the appropriate statute would be sited. Next, one would place a brief statement of fact (what has happened). Followed by the Points Relied upon (authorities) then the argument (your authorities and how it supports your position). And finally the prayer for relief. The prayer for relief is what you are asking the court to do. I have had problems with this in the past so please do not fall into what has trapped me. In a petition you will need to make a jurisdictional statement at the very beginning. That is how the court you are addressing does acquire the authority to rule on your petition. For Motions the jurisdiction has already been established and need not be stated.
In the state of Missouri I like to follow the format required by the court of appeals. This is maintained in the rules of appellate procedure and goes like this: 1) statement of fact, what has happened 2) points relied upon, authorities 3) argument, how the authorities and the facts combine to support your position.
Now, I know this can be confusing, but it does not have to be. Make it simple because your adversary will try and complicate it. All litigation is different and therefore forms based on my circumstance may not apply to you. If you use my words and it does not apply to you it only confuses the argument and allows the trial judge to rule against you. So think about what you want, know the facts and state them. Get your citations and be able to present an uncomplicated argument. Since most of the forms that I have seen, even the ones you pay for, are very vague and leave out all of the specific information of the case it was designed for, you may as well just break down and write one in your own words. That way the trial judge does know what to expect in open court.
Writing motions or petitions are much easier than arguing in open court. If you use a form you will not have the grasp of the issues and arguments that you will have if you write it yourself. I know it isn't easy, it never is in court. Do not try and cram or wait to the last minute. Start early and revise as many times as you need. Once you get something down on paper or in a word processor you will be able to go back and hone your logic. I believe you write it and submit it whether you will lose or not. Make the court make a ruling.
Please remember that an ORDER is not a JUDGMENT. Judgments are special creatures from which an appeal lies. In the State Of Missouri it has to be denoted as a "judgment" whether it is written in the docket sheet or whether the trial judge wrote it separately and filed it in the case.
I wish all of you good luck, and remember, it is better to have made the argument and lost than to have just let it drop.
Lee Martin