In most courts, you have at least one right of appeal to the next
higher court. There is a specific statutory "appeal time" for every type
of action, varying from 10 days in many traffic courts to 30 days in
divorce and civil Superior Court cases (and a special 90 day period which
applies only to the United States Supreme Court). If you don't formally
initiate the appeal process during this very short time, you are forever
precluded for appealing. Therefore, you must make up your mind very
quickly after first learning of a new, unsatisfactory Final Decree,
Final Order or Judgment. The Clock is running.
If you are dissatisfied with the court judgment, the attorney who
represented you may, for his own reasons, not want to do the appeal.
Allowing him to drag out decision-making until it is too late,
kills your right to appeal. Regardless of whether or not you
had an attorney for the case which you wish to Appeal, file the Notice of
Appeal yourself. Immediately!!! That stops the clock from running,
and you can then decide whether to use an attorney for the appeal,
do it yourself, or hire an experienced Appellate Document preparer like
HOW2 to write the brief(s).
Sometimes, a series of these "Notices of Exercise" and "Notice of Denial" will produce compliance. If not, the documents produced by PARENTING TIME, filed with the court, are valuable evidence in Contempt of Court, Custody Modification, and other Court procedures to force or punish a chronically access-denying parent. By the time you go to court for an enforcement proceeding, the judge has already had an opportunity to read the Notices in the official case file.
In one case, this technique's documentation of a long, malicious, series of access denials by a temporary sole custodian, got the judge so angry during a contempt hearing, that he immediately transferred temporary sole custody to the parent who used the "Notice" technique. Glaring down from the bench, he said, "No, Mrs. S______, I'm not going to send you to jail. Instead, I hereby award sole custody to Mr. S______. See how you like that!" Shortly thereafter, the child support began to flow in the other direction, too. Not every case is as extreme, or produces such a radical result, but the "Notice of Exercise" technique, in nearly every case over a ten year period, shook things up, and made complacent and even biased judges take a hard look at the access-denying parent.
HOW2 sells the powerful PARENTING TIME Software for personal, repetitive use by the purchaser who already has an enforceable court order, or who is willing to file for such court orders concurrently with the use of the Notice of Exercise. HOW2 assumes no responsibility for results or consequences of using this software, and does not guarantee resultant child access or acceptability to your particular court system.
Purchasers receive the PARENTING TIME Enforcement Software on a mailed floppy disk containing everything needed to install on Windows ® systems. We accept cash, checks, VISA,, Mastercard, American Express and Discover Cards. The price? $29.95 postpaid within the U.S.A.
The Court System. The lawyer's office. Do you see them as exasperating, unresponsive, unfair, difficult to understand? They'll claim that they are dedicated to protecting the public. But sometimes it seems that courts, lawyers on both sides, and the State Bar, are more interested in protecting their "system."
You may find yourself involved with courts and lawyers. Should you hire a lawyer to deal with all the mysterious language, procedures, the uncharted waters of domestic relations, juvenile or civil litigation? Sometimes, hiring a lawyer will be unavoidable. Everyone knows that is very expensive.
But you can be taught to handle many routine court procedures, even when the other side is represented by a lawyer. About seventy percent (70%) of domestic relations litigants in Maricopa County, Arizona, represent themselves, by choice or necessity. (This is called, in various parts of the country, pro-se, in propria persona, or "pro-per")
You have a constitutional right to represent yourself. The courts must accord you the same respect given lawyers, but you must learn court procedures.
If the other side doesn't respond, a petitioner or plaintiff has a relatively easy time. But what if you're the respondent or defendant? Or what if the other side hires a lawyer, especially a nasty lawyer? The pro-per litigant can be in big trouble unless the initial or responsive papers have been powerfully prepared, keeping in mind the possibility of a contested case.
Even then, to continue pursuing your own case, and to win against a lawyer-represented opponent, requires that you learn at least the basics of the technicalities the opposing lawyer and the judge will be throwing at you. Pre-trial discovery. Preparing and presenting evidence. Knowing how to recognize legal "traps" and how to avoid them.
You must learn the procedures and other basics, and exercise your rights, to assure that you get a fair judge, that a full record of the hearing is made, as well as a written explanation by the judge of why he made his decision. These records are absolutely necessary if an appeal later becomes necessary.
It's a simple matter of preparation, organization, finding and reading the actual part of the law that applies to your case. When you're prepared for trial, you'll be able to speak with confidence, and competently show the judge your side of the story. A good lawyer does no more than that. But you know more about your own case than any lawyer ever could.
Hundreds of thousands of "pro-per" litigants have gotten through this process, and many have prevailed in court.
If you want to learn "how to" file and pursue your own case without a lawyer, contact HOW2.
HOW2 provides learning resources on the basics of self-representation.
We also help you to prepare all of the legal documents
you'll need through the end of your case:
"Power and Pitfalls of Federal Court"
What Federal Courts can and cannot do; Deciding to file a Federal action
Videotape #3
1 1/2 hour VHS -- $19.95 plus $3.50 Priority Mail Postage
"Preparing for Trial"
HOW2 Prepare Yourself for a Trial, Representing Yourself, or assisting your lawyer to
prepare. Trial procedure, sequence of presentation, evidence, witnesses, experts, scientific evidence,
tactics, overconming the other side's "dirty tricks", pretrial maneuvering, trial memorandum,
making a record in case you are prevented from presenting your full case,
what to do about a bad, inattentive or unprepared judge, more!
Videotape #4
1 3/4 hour VHS -- $19.95 plus $3.50 Priority Mail Postage
Bob Hirschfeld, JD presented these seminars, which were videotaped, at recent conventions of
the National Congress for Fathers and Children (NCFC).
Tape #1 is an excellent introduction to basic procedure, sequence of what happens from filing through
motions, discovery, trial, post-trial, with the insights and techniques gained by Bob Hirschfeld
in ten years of Domestic Relations practice.
Tape #2 is a practical seminar on Appeals; what can and cannot be appealed,
preparations necessary before appeal, the nuts and bolts of the appeal process.
Chock full of practical hints, warnings, explanations.
Tape #3 teaches what federal courts can and cannot do; too many pro-se
litigants file fatally flawed complaints without first understanding
the limitations, immunities, abstention doctrines, and peculiarities
of federal Court jurisdiction and capability. This tape helps decide whether
or not to use a federal court approach, and helps avoid the basic pitfalls
if the decision is to go federal.
Tape #4 is essential BEFORE YOU GO TO TRIAL. Everything that led up to the trial can
be wasted if you don't know what to do, what to expect
at the trial, where pro-se litigants stand alone and vulnerable, almost always
without advisors to assist in understanding what's going on.
All four tapes are useful in representing yourself, and to show to meetings of fathers rights, court reform or pro-se advocates and organizations.SECURE CREDIT CARD ORDERING
Or, you may send a check or money order for $23.45 EACH, made out to "HOW2"
Cash sent by mail is at your risk.
(Inquire about outside-USA payment/shipment.)
HOW2, PO Box 696, Lukeville AZ 85341-0696
(Voice Credit Card Orders: 011 52 638 385 3600
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Defending against False Allegations of Child Abuse,
Domestic Violence
Research and Documents for
STATE AND FEDERAL COURT APPEALS
Trial Preparation Documents, Education