Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Going to court without a lawyer - known as "pro se" or "self-representation" - is increasingly common. Whether by choice or necessity, representing yourself requires preparation, organization, and understanding of court procedures. The U.S. Courts Self-Help Resources page provides official guidance and forms for individuals representing themselves in federal court.
Pro Se Statistics: In small claims court, nearly everyone represents themselves. Even in civil court, pro se litigants are common in consumer, landlord-tenant, and small money cases.
When Pro Se Makes Sense
Good Candidates for Self-Representation
- Small claims court cases
- Clear-cut contract disputes
- Straightforward money claims
- Security deposit disputes
- Simple debt collection defense
- When you can't afford a lawyer
Consider Hiring a Lawyer For
- Complex legal issues
- Large amounts at stake
- Other side has an attorney
- Criminal charges
- Family law matters
- Personal injury with serious injuries
Know Your Limits: Courts hold pro se litigants to the same standards as attorneys. You must follow all rules and procedures. Claiming ignorance won't excuse violations.
Getting Started
Know Your Courthouse
- Visit before your case date
- Find clerk's office and self-help center
- Observe other hearings
- Learn where to find forms
- Check parking and security rules
Court Resources
- Self-help center: Many courts have them
- Court website: Forms and instructions
- Law library: Legal research
- Legal aid: Free help if you qualify
- Bar association: Referrals, clinics
Learning Court Rules
Essential Rules to Know
- Rules of Civil Procedure: How cases proceed
- Local rules: Court-specific requirements
- Rules of Evidence: What can be admitted
- Filing deadlines: Missing them can be fatal
Where to Find Rules
- Court website
- State court system website
- Law library
- Clerk's office
Filing Your Case
Complaint/Petition
Your filing should include:
- Who you are (plaintiff)
- Who you're suing (defendant)
- Why court has jurisdiction
- Facts supporting your claim
- Legal basis for claim
- What you want (relief)
Filing Requirements
- Correct number of copies
- Proper format (margins, font)
- Filing fee payment
- Signature and date
- Fee waiver if needed
Serving the Other Party
Service of Process
Defendant must be properly notified:
- Personal service (hand delivered)
- Substituted service (responsible adult)
- Service by mail (some cases)
- Service by publication (rare)
Who Can Serve
- Sheriff or marshal
- Professional process server
- Any adult not party to case
- NOT you - plaintiff can't serve
Discovery Process
Getting Information
- Interrogatories: Written questions
- Requests for Production: Documents
- Requests for Admission: Confirm facts
- Depositions: Oral questioning under oath
Discovery Tips
- Keep requests focused and specific
- Respond to their requests on time
- Object if requests are improper
- Don't hide relevant documents
Small Claims Difference: Small claims courts typically have no formal discovery process. You show up with your evidence - no advance exchange required.
Court Motions
Common Motions
- Motion to Dismiss: Case should end early
- Motion for Summary Judgment: No trial needed
- Motion to Compel: Force discovery compliance
- Motion for Continuance: Postpone hearing
Motion Format
- Notice of motion
- Points and authorities (legal argument)
- Supporting declaration/evidence
- Proposed order
Preparing for Trial
Organize Your Case
- Create timeline of events
- List all witnesses
- Organize exhibits
- Prepare questions for witnesses
- Write opening statement
- Outline closing argument
Evidence Preparation
- Make copies of all exhibits
- Number each exhibit
- Prepare exhibit list
- Be ready to authenticate
- Know what's admissible
Trial Day
Court Etiquette
- Arrive early
- Dress professionally
- Stand when judge enters/exits
- Address judge as "Your Honor"
- Never interrupt anyone
- Keep emotions in check
Trial Structure
- Opening statements
- Plaintiff's case (evidence, witnesses)
- Defendant's case
- Rebuttal (if allowed)
- Closing arguments
- Judge's ruling
Presenting Evidence
- Offer each exhibit formally
- Lay foundation (who, what, when)
- Ask judge to admit
- Expect objections
- Don't argue with rulings
Hearsay Rule: You generally can't testify about what someone else said to prove the truth of what they said. Learn basic evidence rules or your key evidence may be excluded.
Questioning Witnesses
Direct Examination
Questioning your own witnesses:
- Use open-ended questions
- Who, what, when, where, why
- Let witness tell the story
- Don't lead (suggest answers)
Cross-Examination
Questioning their witnesses:
- Use leading questions
- Questions that suggest answer
- Focus on key weaknesses
- Don't argue with witness
- Know when to stop
Common Pro Se Mistakes
Avoid These Errors
- Missing deadlines
- Failing to serve properly
- Ignoring court orders
- Getting emotional in court
- Arguing with judge
- Bringing inadmissible evidence
- Not knowing your numbers
- Being unprepared
After Trial
If You Win
- Get written judgment
- Understand enforcement options
- Collect your judgment
If You Lose
- Understand appeal deadlines
- Consider whether appeal is worth it
- Appeals are harder pro se
- Learn from the experience
Start with a Demand Letter
Many disputes settle before court. Try a demand letter first.
Create Your Letter