If I Don't Have a Lawyer When I Go to Court What Is Going to Happen?
- Every court has procedures, or court practices, that you must follow. A pro se party is not excused from abiding by court rules and procedures and learning the law. However, a judge may understand your lack of knowledge and may gently correct you if you fail to follow a procedure or rule. A judge, however, cannot provide you with legal advice. If you have a question about rules and procedures, the clerk of the court may be able to offer general assistance that does not involve giving you legal advice; nevertheless, it is best to become familiar with the rules and procedures of court.
- A trial begins with opening statements. An opening statement provides each party with the opportunity to inform the decision maker, either the judge or the jury, about his side of the case. You will give a general overview of the facts and evidence that you will present during the trial. The plaintiff, the party that filed the lawsuit, will present his opening statement before the defendant.
- Each party will have the opportunity to call witnesses to testify before the court. The plaintiff will call his witnesses first and the defendant will have the right to cross-examine the witness. Next, the defendant will call his witnesses and the plaintiff will have the opportunity to question the witnesses on cross-examination. When it is your witness, you should elicit information from the witness that establishes his knowledge of the events at issue and his credibility as a witness.
- Either party in a lawsuit can request a jury trial. If you are representing yourself, a jury trial will add another element of difficulty. You and the other party will have the opportunity to question each potential juror and eliminate undesirable jurors. If the other party has an attorney, he will likely have more experience at selecting a jury that he believes will be sympathetic to his side. This will leave you at a disadvantage.
Procedures and Rules
Opening Statements
Witness Testimony
Jury Trial
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