Every American citizen has the right to represent himself in court. Sometimes, this is not a good idea and having an attorney who knows the law and is experienced in trial work will result in a better outcome for the filing party.
However, many simple and/or uncontested matters can be easily handled without a lawyer. Some states call parties who represent themselves pro se (a Latin phrase that literally means “for oneself”) litigants, and other states call them pro per (“for the person) litigants.
Magistrate court matters dealing in smaller money value issues - like contract disputes or rental property conflicts - are often handled by the filing party without attorney representation. Uncontested divorces, name changes and probate matters also lend themselves to do-it-yourself litigators.
Determining Whether or Not to Handle a Court Case Pro Se
People who decide to try a case on their own should make sure they are comfortable with some of the things that will be required. They need to be able to make a trip or two to the courthouse and to feel confident about speaking for themselves in open court, where they will have to explain their matter to a judge in clear, precise language.
If a case is uncontested, meaning that another party is not fighting against it, any court appearance by the filing party will be more procedural than combative. However, contested cases – like small claims court money or property disputes – mean that another person will be arguing against the filing party. To proceed pro se, the filer must make sure he is comfortable orally arguing against the person on the other side of the issue.
The General Structure of a Court Case
After the paperwork has been filed to open a lawsuit, a period called discovery, where each side gathers information to support their positions, commences. In an uncontested divorce matter, no formal discovery will occur because the parties are in agreement with each other. In a contested matter, like a small claims court suit, each party has the right to request information and documents from the other side.
The trial will be scheduled based on the judge’s schedule, and both parties will be notified via mail of the date and time of the trial. The party who filed the suit will make an opening statement summarizing their case, and then the other party will make an opening statement.
The judge will then ask questions to both parties. The judge will apply the law that governs the case issues to the facts of the case that are presented by each party. The final action will be the judge’s ruling. Both parties have the right to appeal any ruling with which they disagree.
Dos and Dont's of the Courtroom
Check out the court’s website before going to trial. It will often have links to an overview of what to expect during the trial process as well as helpful tips for parties who choose to handle their own hearings and trials.
Make certain to be on time or even early for the trial. Do not bring anything to eat or drink into the courtroom. Bring a pen and pad to take notes. Dress neatly and appropriately. Do not wear hats, sunglasses, t-shirts with slogans or controversial artwork or torn clothing. Court is a confidential place, so turn off the cell phone. Bring copies of any documents that have been filed in the matter as well as any documents that support the claims that have been made.
Always address the court in a respectful manner by saying “Your Honor,” or “Yes Ma’am” or “No Ma’am” when speaking to the judge. Answer the judge’s questions honestly and completely in a loud clear voice. Do not interrupt the judge or anyone else who is speaking. Do not make rude gestures or sounds – no eye-rolling, head-shaking or loud sighs. If you don’t understand something that is said, ask for clarification.
Self-representation in legal matters does not take a lot of formal education in the law, but it does take common sense and a confident, independent spirit.
For more information about do-it-yourself legal matters, please read How to File for Uncontested Divorce in Georgia, Filing and Finalizing a Divorce in Georgia and How to File an Uncontested Pennsylvania Divorce.
Sources:
Nolo: Represent Yourself in Court FAQs
Fulton County Superior Court: Tips on Representing Yourself in Court
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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