Title

Tips for Representing Yourself in Court

Author

By: Montana Legal Services Association (MLSA)

Description
Learn how to prepare for court, make an objection, call and question witnesses, introduce exhibits and evidence, and more tips for representing yourself in court.
Resource Information

Before Court: Prepare

Each state has different laws. If you’re going to court outside of Montana, this information may not be right for you. You may be able to find free legal help in your state

1. Can I miss my court date?

Court is not an appointment that can be missed or rescheduled. If you miss your court date (including being late) for a criminal case or contempt matter, a warrant may be issued for your arrest. If the hearing is not a criminal matter, you will likely lose the case by default. If you have a serious reason why you cannot go to court on the assigned day, call the Judge's clerk. Usually you need to file papers requesting a change, or get the other side to agree to change the date.

If you are the defendant or respondent in a case (someone else started the case) and you agree with the other side's requests or don't have any defense, you may think there is no point in going to court. Not going can be dangerous because you might not fully understand everything that can or will be ordered in your absence. It is best to get legal advice before deciding not to go to the hearing.

2. How should I dress?

Dress like you're going to an important job interview. You do not have to buy new clothing for court, but remember it is a formal place and it is respectful to the Judge to wear more formal clothes. 

3. Can I bring my children?

No, do not bring children. Unless the court has told you to bring your children to the hearing, make arrangements for someone to take care of your children.

4. What should I bring?

  • Your files. You should have a file with copies of all papers you and the other side have filed with the court, or given to each other. Bring a notepad and pens for taking notes during the hearing.
  • Bring an outline of what you want to say. As you cover each point, check it off. Before you finish, look back to see if you covered each point. The Judge will only want to hear information that is needed to evaluate the requests made in the court papers.

    Practice explaining your claim to a friend. If your friend doesn't understand you or find your argument convincing, think about how to improve your presentation.

  • Your evidence. Sometimes a court hearing is a trial where you bring all your witnesses and evidence. Other times the hearing has a different purpose. Read all notices and orders you received about the hearing carefully. If you are not sure what will happen at a hearing, or you are not sure what to bring to the hearing, get help right away. You can call court administration or the Judge's clerk. There are limits on how much they can help you, but you can start there. If you come to the hearing unprepared, you could lose your case or be fined. However, coming unprepared is better than not coming at all.

    If you are supposed to bring evidence and witnesses to the hearing, bring everything. If you have documents or pictures, bring the original item and 2 copies (original for the court, one copy for you, one copy for the other side.) Ask your witnesses to arrive early and dress nicely. Some documents can't be used as evidence unless the right person is in the courtroom to explain the document and answer questions about it. There are many rules about evidence and we go over many of them below. If you have questions, you may want to talk to a lawyer about what evidence you need and how to make sure your evidence can be considered by the Judge or jury.

5. When should I get to court?

You should arrive at the courtroom 15-20 minutes before your hearing time. This will give you enough time to check in. You may need to wait in lines for security screening, and finding the correct building and courtroom can take time. Being late can make you anxious and unable to do your best, so give yourself plenty of time. 

Once you arrive, you can check in with either the secretary or the clerk. Most often, secretaries are in an office right outside the courtroom, and clerks are in the courtroom. When you check in, state your name and why you are there. Then, the secretary or clerk will instruct you on where to wait until your hearing starts.

 

During Court: Basic Expectations

6. Where should I sit?

While you are waiting for your case to be called, you may sit in the audience.

Once the Judge (or clerk) announces your case, you can go up to the long table in front of the Judge and sit on either side.

7. What should I know about how to behave?

Certain behaviors are not allowed because they are noisy, distracting or disrespectful. Make sure you silence or turn off your phone. You cannot: chew gum, eat, read a newspaper, sleep, wear a hat, listen to headphones, have a camera or camera phone, or carry a weapon.

During the hearing you should listen carefully, ask permission of the Judge to speak, talk directly to the Judge and not the other side, avoid arguing with or interrupting another person, and control your emotions. When you talk to the Judge, start by saying "Your Honor". Speak loudly and clearly and remember that only one person can speak at a time. A court reporter is taking down everything said in the courtroom, and can only record one speaker at a time.

Be respectful to everyone. That includes the other party, Judge, Court staff, and other people in the court.

8. Who goes first?

The person asking for relief, who’s called the “plaintiff” or “claimant,” goes first. The “defendant,” or “respondent,” goes second. 

If you aren’t sure whether you are the respondent or plaintiff, you can find out by looking at your paperwork to see what’s written right after your name. (If you are seeking a restraining order, you will go first.)

During Court: Objections, Questions

9. How do I make an objection?

To make an objection, stand up and say, “Your Honor, I object.” If you have specific grounds for your objection, tell the Judge what those grounds are, such as Hearsay. If you don’t have specific grounds, you may simply say that you object.

10. How do I respond to the other side’s objections?

Stand up and tell the Judge why this information is important. (It also may be clearer to the Judge why it’s important to you after evidence is given.)

11. How do I ask the Judge a question?

To ask the Judge a question, say, “Your Honor, may I ask a question?” It’s not unusual for people to ask the Judge a question, especially if it’s about court procedure.

12. What if the Judge won’t let me speak?

Something is very wrong if this is the case. You may have been disrespectful to the court or your opponent or you did not appear on time. If you have questions, it is a good idea to talk to a lawyer after the hearing. 

13. What if the other side interrupts and won’t let me finish?

The Judge will not be happy with either side for interrupting. 

It’s the Judge’s job to hear both sides and allow each party time to present their case. Be patient, and when the other side has stopped interrupting, ask the Judge if you may continue.

14. What if I don’t agree with what the other side is saying?

Be ready to question them to show the Judge that what they are saying isn’t true (but don’t interrupt the other side). You can also give evidence to show that their information is incorrect.

15. What if the Judge does not want the proposed order from the packet?

If the Judge doesn’t want the proposed order, the Judge may prepare one instead. You may also ask the Judge to modify the order from the packet.

During Court: Witnesses, Exhibits

16. Who can I call to witness?

You may call any witness to support your case. 

To call a witness, make sure to ask the person you’d like to come well in advance of the hearing date. If the person you ask isn’t willing to come, you may subpoena them. Subpoenaing requires that person to appear.

17. How do I subpoena a witness?

To subpoena a witness, talk to the clerk of court’s office. (You can find their contact information online, or your local self-help law center.)

18. What if the Judge won’t let my witness testify? 

If the Judge won’t let your witness testify, the Judge may have determined that your witness’s testimony isn’t relevant. 

If this happens, tell the Judge why your witness is important to the case. If the Judge still won’t let your witness testify, make an offer of proof. This means you ask if your witness can testify on the record or if you can summarize what the witness would have said. (This way, if there is an appeal, the reviewing court can look to see whether the Judge made a mistake.)

19. How do I question my own witness?

First, ask your witness to state their name, their address and how they are related to your case. 

Then, try to ask simple and direct questions that will help get information from them about what they saw or heard. Remember that the purpose of questioning your witness is to get more support for your case. 

20. Are written statements from witnesses allowed?

Written statements from witnesses are not allowed. Your witness needs to be in court.

21. How do I cross examine the other party’s witness?

Ask the other party’s witness questions that will put holes in their testimony. For example, ask questions such as: 

  • “Were you wearing your glasses at the time you saw these events?” 
  • “Aren’t you the husband of my opponent?” 
  • “Do you have a financial interest in this case?”
  • “Didn’t you make a contrary statement earlier?” 

Point out things that reflect the other side’s motivation or dishonesty (but make sure that your questions don’t seem hostile or argumentative).

22. What are exhibits, and what exhibits can I bring? 

Exhibits are physical evidence that you must bring to your court hearing. Exhibits help support your case. Examples of exhibits might include a rental agreement, a cashed check, your child’s report card or the bill from an auto repair facility. You may bring any exhibit that will help your case.

23. What if the Judge won’t accept my exhibits?

Try to explain why the exhibit is relevant. 

If your exhibit is still rejected, ask that the refused exhibits be kept for the reviewing court to see if the Judge’s rejection was a mistake.

24. How do I use exhibits?

Each exhibit should be introduced by the person who created it. For example, if your exhibit is your son’s third-grade report card, then his third-grade teacher should introduce it. 

If you have an exhibit that wasn’t really “created” by anyone (like a cashed check), you’ll need someone who’s called “a custodian” to present it. Custodians are people who can talk about where your exhibit came from. So, if your exhibit is a cashed check, the custodian could be somebody who works at your bank. 

It’s a good idea to make two (2) copies of each exhibit. That way you and the other party both have a copy and the Judge will have the original. 

Your exhibits will also need a label, such as “Exhibit A” or “Exhibit B.” Labeling your exhibit is something the clerk will help with. Ask the clerk to label your exhibit, and then once they label it, you can hand it to your witness or custodian.

25. Do I always need a witness or custodian to vouch for my exhibit?

Sometimes you can talk to your opponent beforehand and agree (stipulate) that a certain exhibit could be admitted without needing a witness or custodian to vouch for it. It’s often in the interest of both you and the other side to stipulate the admission of certain exhibits that aren’t really in dispute. 

Either way, it’s important that you always bring your exhibits, even if you think you’ll be able to stipulate with the other side. The Judge will keep the original exhibits until the case is over, so make sure to bring enough copies of each exhibit for yourself and each of your opponents (in case you have more than one opponent). 

26. How do I use text messages as an exhibit?

This can vary from Judge to Judge. Some Judges require that a representative from your cell-phone company come to court to verify your text message’s authenticity. Other times, the Judge will let you just print off the message or show it on your phone. 

Either way: If the text is important, don’t delete it!

After Court

27. What if I don't understand what happens next?

Before you leave, make sure you understand what happens next. Ask questions. If you do not understand something, you have the right to ask for more information so that you understand. Just remember to be respectful, as hearings can be stressful.

Do you need to come back for another court hearing? Do you need to prepare a written legal argument or proposed court order? Do you need to take other steps or actions? Will the Judge make an order as a result of the hearing? Sometimes orders are written up right away - as you wait. Or, the Judge may think about the case and write an order later and send it in the mail. Politely ask questions if you do not understand what will happen next.

28. Will the Judge decide at the hearing?

You will likely be mailed a written decision after the hearing. However, if the case is very time-sensitive or simple, the Judge might issue an oral order from the bench right after the hearing. You must follow all of the Judge’s orders, including oral orders. 

29. When does the appeal deadline start running?

In civil cases, the appeal deadline starts running when the Judge renders or enters the order. You’ll likely have thirty (30) days to file an appeal, but this depends on the Court and the type of case. Don’t wait until the end of the deadline: If you are going to file an appeal, do it as soon as you know of the judgment.

Video: Coming to Court on Your Own

Remote video URL

 

Take Action

Legal Help

  • The State Bar Lawyer Referral Service (LRIS) may provide you with contact information for attorneys who provide the type of assistance you are seeking, for a fee. You can find the LRIS on montanabar.org, click "For the Public," then "Hire a Lawyer." The LRIS does not list every lawyer in Montana. You can also find an attorney by doing an online search. 
  • Montana Legal Services Association (MLSA) provides free civil, non-criminal legal help to eligible clients. Learn more about how to apply for free legal help in Montana
  • If you qualify for help from MLSA, you may be able to get free legal advice from a volunteer attorney by email using Ask Karla
  • Contact your nearest Self Help Law Center for free legal information and forms.

ID
Find more resources using our interactive Legal Guide.
Last Updated

Last review and update: