Lawsuits are won (or lost) based on the pleadings, proof, and procedure. The procedure that's most important to success is moving the court! You must do more than just file written motions. You must support your motions with well-researched, well-reasoned, and well-written memoranda citing legal authority that controls the judge by silently threatening appeal. Many people think if they simply present the facts and law, they can trust the judge to "do the right thing". Unfortunately it doesn't work that way. You have to move the court, and you have to support your motions (and oppose the other side's motions) with memoranda that cite legal authorities (controlling appellate court decisions) that will reverse the judge if the court's decision must be appealed! Don't imagine the court will do anything unless you move it to do so ... and make favorable arguments in your memoranda. Courts seldom act on their own motions (sua sponte). In almost every situation you will encounter, the court will do nothing until someone files a motion to move it ... and it usually will not rule favorably unless the motion is supported by sound legal argument. You can make your arguments standing on your feet in the courtroom, and sometimes you'll have to do so, however the best way to prepare for making legal arguments "on your feet" is to research, reason, and write them first in memoranda that either support your motions or oppose the other side's motions ... memoranda you file before you appear in court to argue "on your feet". Your written memorandum becomes your in-court notes! Your written memorandum gets your argument into the court record so the appellate court can see where the judge made a mistake if the court's order must be appealed. Winning is all about making an effective record, and there's no better way to make your record than with motions and written memoranda. Don't wait for the judge to "do what's right". File motions supported by well-researched, well-reasoned, and well-written memoranda that put the court "on notice" that failure to rule in your favor will result in the appellate court's reversing the judge's decision. Judges don't like to be appealed. Use this fact to your advantage.
