How to Present Yourself at Court Hearings
Posted 10 months ago in Litigation.
Comments (0)
If you represent yourself in a lawsuit, you will probably end up appearing before a judge at some point. This guide provides generally ideas for how you should present yourself. (If you have an attorney representing you, you should ask your attorney for guidance on how to behave in court.)
1
Be respectful to the court and court staff.Regardless of what you may have seen on television, judges are overworked, underpaid and unimpressed by intimidation tactics. You serve no useful purpose in being rude to the court or to any member of the court staff. Every judge tries their best to do what is right and what the law requires...keep that in mind as you present your argument. Just because the judge rules against you doesn't mean she or he is "out to get you." On the contrary, the judge may have wished to rule in your favor but couldn't do that because you failed to properly present evidence in support of your case, etc. Do not take it out on the judge that you lack the legal training to properly represent yourself. 2
Be respectful to the opposing party and their counsel.Similarly, it is unlikely that being rude to the opposing party or their attorney will win you the day. Judges get very tired of hearing offensive accusations of misconduct. You are better served by simply presenting the facts, and allowing the judge to decide whether it evidences something nefarious. For example, if the opposing party promised to provide you with a current mailing address, you need not accuse them of lying to you. Rather, simply tell the court, "The opposing party promised to provide me with a current mailing address but I have not yet received it." This allows for the possibility that it was lost in the mail, misplaced, etc. The likely response is for the opposing party to admit they have not provided it yet, or to claim it was sent. In the case of the latter, simply ask the court if it can be provided to you again in open court. Problem solved, And the court will appreciate that you handled it in a professional manner. 3
By being polite you will be more persuasive.Far too often, the legal arguments an individual is trying to make get lost in the "noise" of the accusations being leveled against the opposing party or their counsel. You assist the court by remaining calm, and presenting your case in an even manner. You certainly can show emotion or explain why you are upset, worried or concerned...but do so by describing the FACTS that lead you to feel that way, not the CONCLUSIONS you want the court to reach. In other words, do not tell the judge that your opponent is a crook, a liar, etc. -- instead, provide the court with the FACTS that lead you to believe that your opponent is a crook, a liar, etc. The judge knows what conclusions should be drawn from the facts you outline, and they may or may not be the same conclusions you reached. 4
Dress appropriately.Finally, think about where you are -- a court of law. Regardless of whether you have any respect for the judicial system, everyone else connected with it has considerable respect for our judicial system. So dress appropriately. Put on nice, clean clothes. Dress as you would for your first meeting with someone you want to impress. The court will appreciate the fact that this, too, demonstrates respect for the court. |
Comments - add comment