Plaintiff Has A Duty To Always Prove the Case

I had a consultation recently.

The person had tried to litigate a case recently and the case was dismissed because she did not write in the complaint what the case was about.

She wanted my help in trying again.

She told me she argued in Court the first time that the Defendant knew what she had done wrong, so it didn’t matter that she did not put in the complaint what was the issue.

I had to inform this person that, as the Plaintiff, it is her job to prove her case.

She has to make the initial case against the Defendant and prove every element of her case.

Then, the Defendant’s job is to disprove the Plaintiff’s case.

If the Plaintiff is unable to make its case, then the Defendant literally does not have to do anything.

That is why it is incumbent on the Plaintiff to put forth all its evidence.

I also know attorneys that have had cases dismissed because they do not bother to put forth its case from beginning to end. 

For example, when their client owns an apartment building, they do prove their client owns the building because they have already done that numerous times in front of the same judge.

That is a mistake! 

The case has to be proven start to finish EVERY TIME!


Thinking you can show up and automatically win is the fastest way to lose your case.

 

Watch the video above to learn more .

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