REPRESENTING YOURSELF IN COURT
Judges cringe when self-represented parties appear in their courts. Self-represented litigants all too often have no idea about the rules of court or the relevant law. Most self-represented litigants cringe when they realize they have to go court. They hope that the judge will treat them fairly and give them a chance to be heard.
The truth is that most self-represented litigants, or pro se litigants (Latin for “for self”), appear in court without an attorney because they cannot afford an attorney, not because they don’t think they need an attorney or that having an attorney would be a waste of time. Worse than not knowing the law and the rules of court, pro se litigants are filled with emotion. They are nervous and when standing before the judge, they feel like a fish out of water. This causes them to forget most of what they planned to say while at the same time they barely hear what others in the courtroom are saying.
The not knowing the rules of court, not understanding the process, the judge’s seeming lack of empathy come together to leave many pro se litigants with an intense dislike for the judge who, in their mind, “did not hear a word I said,” or “that judge simply did not give me time to express myself!”
Alternatives to Being Self-Represented
Most people think that having an attorney is like a stop light: Go or Stop. This is not always the case. When an attorney agrees to represent you from start to finish, that is “full representation.” This means that the lawyer will handle the matter from start to finish including preparing documents to send to the court, speaking with the other side and his/attorney, gathering information, questioning witnesses in court, negotiating a settlement.
If you cannot afford full representation, find a lawyer who will unbundle legal services allowing you to select from a menu of legal services and customize your representation. For example, the attorney may draft all of the documents submitted to the court, and you represent yourself in court. In court, you would question the witnesses and present your documents to the court. Or the other way around. You submit the paperwork to the court, and the lawyer will handle the questioning of witnesses and presentation of evidence.
If you are going to court on a child support matter, you might retain the attorney to advise you present relevant financial information. Maybe, you only pay for an hour or two of the attorney’s time to explain the law and tell you what to expect; how the hearing will proceed; what documents you will need to prove your cause; help you develop a game plan.
If you intend to represent yourself in court, it is important to understand the law and court procedures. Step one is to go to the New Jersey judiciary website at njcourts.gov. There is a section entitled “Self-Help Center.” The site is filled with useful information on many areas of the law including family, landlord-tenant, criminal, special civil and municipal court matters. You can often obtain the forms you need to send to the court and the instructions as to how to complete forms.
Another alternative is to find places that have a volunteer attorney program where you might be able to get advice about what things you can ask for in court, what facts you will need to provide the court, and what documents you might need to bring to court. Rutgers Law School has a vibrant clinic program where lawyers-in-training under the supervision of licensed attorneys may be able to help you with your case at no cost. Or they may, at very least, speak with you about your legal problem. Call the Essex County Bar Association or Newark-Essex Legal Services to see if you can obtain assistance through their resources and networks.
Lastly, consider using the web to learn something about the law and something about what you can ask for. Go on the website and read blogs written by New Jersey Attorneys concerning your issue. You will be able to learn what is important to the court and find out how the court looks at your issue. Remember, the law differs state to state so make sure you read blogs written by New Jersey Attorneys. Read more than one or two.
Before Your Hearing
While it might be uncomfortable, talk to the other side to see if you can find a solution to the legal issue that both of you can live with. Remember, when you settle, everyone leaves something on the table, so don’t expect the other side to totally accept your proposed solution. Even if you can’t resolve all of the issues, if you can pare down the issues that the court has to decide, the better off you are.
Think about it this way, even if you don’t resolve any of your issues, at very least, you will learn the other side’s position and needs. Judges get paid the big bucks to decide important issues, but it can be frustrating for the judge to find out that he is going to be the referee because two adults could not sit like adults and at least attempt to resolve their problem. This is especially true in the family court where the judge really does not want to tell parents how and when they can parent their children.
If you are calling a witness, think carefully about who to call. You will not have unlimited time to call everyone you know who may know something about the issue, so plan carefully. Which witness is the best witness? Who will explain most clearly? Who had the best view? Once you have selected your witness, write down your questions. Practice with the witness asking and answering the questions. Remember, a notarized statement from a witness is unacceptable because if the other side has a question about the statement, the piece of paper can’t answer the question. Only people give testimony in court.
At the Hearing
You have done all of the things listed above, so you are ready! Remember…
1. Dress for court. Courtrooms are conservative places, so dress appropriately.
2. Be organized and prepared. Your papers should be neat and organized. If your papers are scattered all over the table, that will send a message to the judge. More importantly, you must be able to get to important information quickly.
3. Know what you are asking the court to do. You might want to have the exact language you want in the order written down before you go to court. This way if you get nervous, you will remember to say what you need to say. Be specific.
4. Take notes. When the judge or the other side is talking, write down points you want to make in rebuttal.
5. Speak only to the judge, or to the witness, not to the other party. If you need to talk to the other side, it should be done out of the presence of the judge.
