How to Prepare for a Court Case Without an Attorney

With sufficient preparation, you can try your own case.

If you are facing a claim that requires litigation but you have no money to hire an attorney, consider whether you can try your own case without legal counsel. Managing your own civil suit is difficult, but not impossible. Legal training and experience provide a tremendous advantage. If you are willing to put in the time to prepare for your day in court, however, you can do it on your own.

Instructions

1. Review the complaint. Identify the elements of the claim. Determine what evidence will be used to prove the claim. Ascertain what witnesses will be called and what their testimony is likely to be.

2. Research the applicable case law. After reading the rules of evidence, evaluate whether there is a basis for opposing the introduction of any of the anticipated evidence. Focus on the hearsay rule and be certain that you understand it before your court date.

3. Visit the clerk of court and file whatever forms may be necessary to allow you to represent yourself. Ask for information on how to subpoena a witness. Obtain a sample subpoena form and prepare subpoenas for any defense witnesses you intend to call. Take them to the clerk of court and arrange to have them issued and served.

4. Decide whether there is a basis for settling your case prior to trial. Contact opposing counsel and ascertain the terms. Review the case to make a determination as to the anticipated outcome. After weighing the alternatives, decide whether to reject the settlement offer.

5. Try your case. Pay close attention to the testimony of each witness, and make appropriate objections based on your knowledge of the rules of evidence. Call your own witnesses to establish any defenses you may have.

Tips & Warnings

• You only get one chance to try your case, so it is imperative that you subpoena the witnesses you need to testify on your behalf. If a witness fails to appear, the trial judge won't be sympathetic if no subpoena was issued. In addition to live witnesses, you must be prepared to present all of your physical evidence, so bring it with you and have it ready.

• Discussion with opposing counsel as to settlement is a necessary step, as it will help you determine what your opposition believes the case to be worth. In deciding whether to settle, keep in mind that going to trial is like gambling, and even the best players sometimes lose. If your opposition knows you are fully prepared to try the case, however, you may be able to persuade them to offer better terms. Finally, on the day of trial, dress to show your respect for the court. Shabby clothes won't elicit sympathy and may adversely affect your credibility.

• Representing yourself in court is never a good idea if you can avoid it. An experienced trial attorney has knowledge and training in courtroom procedures that could help you avoid making costly mistakes.

References

• Representing Yourself: Frequently Asked Questions

Resources

• Findlaw; Should You Represent Yourself in Court?