PLEAD IT
If you don’t plead it, you don’t get it.
If you’ve been to court, had a hearing and heard a Judge or attorney tell you that they cannot consider what you’re asking for, you’re probably confused, frustrated and feel like the legal system is cheating you. In the attorney world, there’s a common saying “if you don’t plead for it, you don’t get it.” To non-attorneys, that makes little to no sense and are rolling your eyes as you’re reading. But there are countless people who show up to court, check in with the bailiff and just want to tell the Judge their story. The judge doesn’t want to hear yours or the other side’s story. The judge’s job and primary duty is to consider the leading pleadings in front of them, listen to the facts and make a legal determination of what is right under the law. In other words, you cannot just show up and expect to win. You must file a motion or petition with the court at the clerk’s office before you go to the hearing or trial.
A pleading is a formal written document that is filed in your lawsuit. If you do not file anything in writing in a motion type format, the court cannot hear your arguments. Furthermore, the court cannot give you what you are asking. There are helpful templates everywhere online; too many if you ask me. Some of these templates are helpful but too generic for the Judge to ascertain what you really want. Otherwise, the templates can be misleading. If you pick the wrong one, you’re out of luck.
If you are unable to get an attorney, make sure that you go to your county’s law library. Nearly every court has a law library that has legal books and forms you can look at and make copies of the pages to help you. Generally, there are some staff members who can point you in the right direction but are specifically told that they cannot give you legal advice.
Remember, don’t show up. Plead it and win.
Tarrant County Law Library
Dell Dehay Law Library
100 W. Weatherford, Room 320
Fort Worth, Texas 76196
Dallas County Law Library
George L. Allen, Sr. Courts Building
600 Commerce Street, Suite #B40
Dallas, Texas 75202
Johnson County Law Library
Guinn Justice Center
204 S. Buffalo Ave
Cleburne, Texas 76033
Ellis County Law Library
109 S. Jackson Street
Second Floor
Waxahachie, Texas 75165