Tips for Success in the Courtroom

by Attorney Ralph Warner

Make a good impression on the judge by following a few simple rules.

1. Meet your deadlines.
Once you file the necessary papers to begin a lawsuit, you will face a number of deadlines -- for everything from requesting that your case be heard by a jury to telling your opponent what evidence you plan to introduce at trial. Make careful note of these deadlines and make sure that you meet every one. The judge won't give you any leeway just because you are representing yourself -- and missing an important deadline could result in your case being thrown out of court.

2. Watch some trials.
Before your case comes up for trial, go down to the courthouse and sit in on a couple of trials involving similar issues. You'll see that it won't be that difficult to present your story and your evidence to the judge. When you know what to expect, you'll be much more relaxed about your own trial.

3. Choose a judge or jury trial.
Certain types of cases can only be heard by judges. In many cases, however, either party has the right to request that the case be heard by a jury. Most people representing themselves will do better in front of a judge than a jury -- jury trials are more complicated for a variety of reasons, and presenting your case to a judge will make your job quite a bit easier. However, if your opponent requests a jury trial, you will have to deal with a jury, whether you want one or not.

4. Learn the ropes.
Lawyers spend years learning how to question witnesses, present evidence, and make arguments in court. Before you make your courtroom debut, you should learn the basics about how to follow the procedures and rules of the courtroom and how to prove your case. First, ask the court clerk for a copy of your court's local rules, which may include everything from deadlines for various trial procedures to nitpicky restrictions on how small your font can be in documents you submit to the court. Second, read Represent Yourself in Court, by Paul Bergman and Sara Berman-Barrett (Nolo), a great resource that explains how to handle every step in a civil trial.

5. Learn the elements of your case.
You won't win a lawsuit by simply striding into the courthouse and demanding money from your opponent. Each type of legal claim has a number of "elements" that you'll need to prove in order to win. For example, in a dispute over a contract, you must prove that a contract existed, that you held up your end of the bargain, that your opponent failed to meet his or her contractual obligations, and that you were harmed as a result. You'll want to plan ahead carefully to make sure that you can prove every element of your case -- or, if you are defending yourself against a lawsuit, to make sure that you can disprove at least one element of your opponent's case.