Arts and Entertainment

You have the right to defend yourself in court.

Unless you are involved in a small claims dispute or going against another person who is not represented, defending yourself in court is a very risky decision.People who represent themselves in court do not win their case.If you have no choice but to represent yourself, you must prepare your case, learn court procedures, present evidence, and file court motions.There are many things you can do to give yourself the best chance to win your case.

Step 1: Understand the legal names for the parties in a case.

You need to know the legal names of the trial participants.People will be referred to by these names by the judge or opposing attorney.Pro Se litigants are individuals who are named in a civil lawsuit but are not represented by an attorney.You will be known as the pro se defendant if you are preparing your own defense.A civil lawsuit is a case for money damages.If you are involved in a civil case as opposed to a criminal case, the person who is suing you is the one who filed the complaint.The person may be represented by an attorney.The attorney that represents the state in a criminal case is the prosecutor.A person can file a civil lawsuit if they think a person has hurt them in some way.There are a number of civil lawsuits that can be brought such as a personal injury lawsuit, divorce proceeding, discrimination case, or a breach of contract case.In a criminal case, a prosecutor presents evidence to the jury to try and prove that a person actually did commit the crime.A jury or judge decides if the prosecutor presented enough evidence to prove that the accused committed a crime.

Step 2: Understand the court rules.

When a case is brought to court, procedural rules must be followed by all parties.Below is a list of procedural rules where to find them.You will need the Federal Rules of Civil Procedure if your case is in federal court.The current rules practice procedure can be found at http://www.uscourts.gov/ rules-policies/current-rules-practice-procedure.The rules of procedure for the specific federal district court where your case is being heard are required by the federal courts.The district court websites have these rules on them.The district court website can be found here: http://www.uscourts.gov/court-locator.You should be able to locate the rules if you search for them on the relevant website.If your case is in state court, you can locate the relevant rules by conducting an internet search with your state name and "rules of civil procedure" or " rules of criminal procedure."You can find the name of the court on the first page of a complaint in a civil case.You can conduct an internet search for the court's name and "rules of civil procedure" or " rules of criminal procedure." Most courts provide this information on their website.

Step 3: If you are in criminal court, you should request an attorney.

Criminal defendants can have an attorney assigned to them if they can't afford one on their own.If you have a criminal case that could lead to a prison sentence of six or more months, you should have an attorney appointed to you.If you have the option to have an attorney appointed to you, you should request one.

Step 4: Can you afford to retain an attorney?

People choose to defend themselves in court because they can't afford an attorney.If this is the reason you are going to defend yourself, you should determine if there are any ways to retain a low-cost or free attorney to assist you in preparing your defense or handle the entire case on your own.If you can't afford an attorney, contact your state bar association and inquire about how to locate and pay for one.The American Bar Association has compiled a list of state-by-state resources that can direct you to attorney referral sites.You can find this information at the American Bar Association's website.Legal Aid societies can provide low or no-cost representation for people who can't afford an attorney.You can find Legal Aid societies by searching for the name of the state where the case is pending and the words "Legal Aid" on the internet.

Step 5: Provide an answer.

Someone files a complaint and you get a copy.If you have been served with a civil complaint, you will have to figure out how to respond.When you get a copy of the complaint, review it.The claims being made against you will be detailed.You will also receive a summons, which is a document telling you that you have been sued, and it gives you information on how and when to respond.The day you were served with the complaint will be the start of the response time.You have to file an answer in order to respond.If you don't file an answer in time, the court will rule in favor of the person who brought the case.You can ask for an answer form from the court in which you have been sued.If you don't find them online, you can visit the courthouse and get one.Simple responses to the claims will be contained in the answer.For each paragraph of the complaint, you will either deny the claims or agree with them.You will pay a filing fee and serve the other party with your answer if you complete it.The filing fee for a contract dispute in California can be as high as $300.You can serve the other party by having someone who is not a party to the lawsuit give a copy of your answer.

Step 6: A cross-complaint can be filed.

A cross-complaint is like a lawsuit against the person that just sued you.If the claim you are making is related to the lawsuit that has been filed against you, you can file a cross-complaint.At the same time you file your answer, you must file a cross-complaint.You will not be able to raise your claim if you don't do this.You can file a cross-complaint by finding the appropriate form in the same way you found your answer form.You should fill out a cross-complaint form if you think you deserve to have a court rule in your favor.If you have been sued for injuries you are alleged to have caused in a car accident, but you also received injuries that you think were the fault of the other party, you can file a cross-complaint.

Step 7: The law should be researched.

You have to understand the legal claims against you and prepare your legal defense in order to defend yourself in court.You need to research the law related to your case and figure out how to defend yourself based on the legal claims against you.You can use local law libraries that are open to the public.If you want to find a local library, you can conduct an internet search for the name of the city or town and the law library is open to the public.You can find local state laws and statutes online.Free online legal research websites can be used to locate legal information.

Step 8: Find something. Conduct discovery.

A legal process called discovery will begin when you file your answer.Each party will have the opportunity to request information from the other party in order to learn about the strengths and weaknesses of the case.You can collect facts, get witness statements, find out what the other side is going to say, and see how good your case is.Informal discovery can be collected by conducting your own interviews, gathering documents from public agencies, and taking photographs.Interrogatories are written questions directed to the other party that they must answer.The interviews are important to the case.There are formal requests for the production of documents.Requests for admissions are when the other party is asked to admit or deny something.Subpoenas are court orders that require the other party to give you information.

Step 9: Attend all court hearings.

You will be required to attend at least one conference before your trial.This court appearance is called a case management conference in some states.You and the other party will meet with the judge to discuss how the case will be handled.You should be prepared to discuss the possibility of a settlement, your readiness to schedule a trial date, and your willingness to concede certain issues that are not in dispute.

Step 10: No motion for summary judgment should be opposed.

In most cases, the opposing party will file a motion for summary judgment in order to get the judge to rule in their favor.You will need to act quickly.In Nevada, you have ten days to respond to the motion for summary judgment.You need to file a motion explaining why the motion shouldn't be granted in order to respond.You need to be able to show that factual questions exist and that a judge or jury should decide the issues at trial.A judge or jury could rule in your favor at trial if your motion contains enough information.You should show the evidence you gathered during discovery to support your story.An opposition motion form can be found on your court's website.Attach any necessary documents when you fill out the form.

Step 11: The case can be settled outside the courtroom.

You don't have to go to trial if you meet with the opposing party before your trial date.There can be mandatory settlement conferences in California.Voluntary settlement conferences are also possible.You and the other party will meet with a neutral third party during a settlement conference.A possible settlement will be discussed during your meeting.The neutral third party will help assess the strengths and weaknesses of your case.You won't have to go to trial if you settle the case.You will not have to pay court fees, witness fees or take time off of work if you come to an agreement.You will not be leaving the decision to a judge or jury when you settle before trial.

Step 12: Prepare yourself for the trial.

You may have to go to trial if all else fails.Prepare adequately and be confident in your game plan before your trial date.Prepare your evidence, which will be in the form of witness testimony or exhibits.Make sure you organize your evidence in a way that makes it easy for you to introduce it in court.You will bring it to the court's attention if you have everything in order.Make sure you have prepared your witnesses so they know what you will ask them and what the other party will be expected to ask.You need to know the rules of evidence.You should try and understand the basics so you are prepared for court.When evidence can be introduced in court is dictated by the rules of evidence.They are there to make sure the court gets accurate information.

Step 13: Go for a trial.

When the day of your trial arrives, get to the courthouse early.Go to the front of the courtroom when your case is called.An opening statement is the opportunity to lay out the facts of your case and tell the judge or jury what you will prove during the trial.Your opening statement should be written as part of your trial preparation.They will hear witness testimony and see evidence.The witnesses are being cross-examined.You should prepare to cross examine witnesses before the trial if you don't have a list of witnesses.You want juries to question the believability of witnesses during cross-examination.It is important to ask direct and leading questions so that a witness has little chance to explain his or her answers.It may make the jury more sympathetic to the opposing side if you don't badger the witness.If a witness changes their testimony, use their deposition testimony to show that they are giving conflicting testimony.This could make the testimony unreliable for the jury.If the witness is hostile to your case, you should highlight their bias to the jury to make them understand that their testimony may not be completely reliable.There is a presentation of your defense.You can call witnesses and introduce evidence that supports your position after the trial is over.The burden is on the plaintiff to present enough evidence to convince a jury in order to win the case.There are objections.Under court rules, the opposing attorney can't present evidence or question a witness in a way that is not permissible.You should object to this type of evidence.You give the legal basis for your objections by stating, "I object"The closing argument should be given.You can make closing remarks to the jury after you finish your defense.Since the case must be proven to win, you should restate your story and refer to the evidence that supports it.The jury can easily follow your argument if it is brief and directly on point.Ask the jury to find you not responsible.

Step 14: Take part in the trial.

At your first criminal court appearance, you will have to represent yourself.The court will tell you the charges against you, what your rights are, and if you have an attorney.You can respond to the charges by entering a plea once the judge has said their piece.You have to say not guilty, guilty or no contest.You want to force the prosecution to go to trial and prove their case if you plead not guilty.If you have negotiated a favorable plea agreement, you may end up pleading guilty or no contest.You will have the chance to discuss bail options if you have been in jail.The judge can either refuse to set bail or release you on your own recognizance and send you back to jail.

Step 15: Request proof from the prosecutor.

You will give information to the prosecution.The process is called discovery.You will inevitably have a harder time finding information that the prosecution might hold if you are given certain information to ensure a fair trial.You will have to ask for the information.You should request any oral or written statements you may have made, your criminal record, any reports, expert witness names and contact information, as well as examine any object or document the prosecution might have.You may be limited in the amount of information you can see because you are representing yourself.The witnesses are not put in jeopardy if the identity of the witnesses is protected by the prosecutors.You should seriously consider getting an attorney.If you have an attorney, the prosecutor may not have to release information to you.

Step 16: Inquire about your case.

The process of investigating your case should begin after you have received all of the documents you requested.If you're not in jail, you can call, email, or talk to people in person to get more information about your case.Someone else will help you if you are in jail.It can be difficult to investigate a case while you are locked up.As a criminal, you have to be careful not to intimidate witnesses or victims.If you are going to interview witnesses or victims, you should hire a professional to do it.

Step 17: Determine the law.

Step 18: Preliminary hearings need to be attended.

There are very few preliminary hearings in a majority of cases.Unless you negotiate a plea deal, most of the time a trial date will be set and you will go straight to trial.You will participate in at least one preliminary hearing before going to trial in most felony cases.If there is enough evidence against you, the judge will decide at the preliminary hearing if you should go to trial.If the judge decides that there is not enough evidence, you will be released.A trial date will be set if the judge decides there is enough evidence to make you stand trial.

Step 19: Motions to exclude evidence should be submitted.

Before your trial date, you will have a limited amount of time to review the evidence against you and submit motions to the court to exclude any evidence that was gathered illegally.You have to file a motion to suppress with the court.The judge will read your motion and make a decision.If evidence was gathered in a way that violated your rights, it can be suppressed.If the police did not have a warrant, a murder weapon cannot be introduced in court.The evidence may still get in if the prosecution can convince the judge that an exception exists.

Step 20: A plea agreement is a good idea.

You may want to negotiate with the prosecution about a possible plea deal as a last ditch effort to avoid trial.When you and the prosecution agree to certain terms, a plea deal is made.If you agree to plead guilty to a single charge, the prosecution will drop any other charges against you.You can plead guilty to a lesser charge in order to avoid going to trial on a more serious charge.If you agree to plead guilty to a single charge, the prosecution will drop any other charges against you.You can plead guilty to a lesser charge in order to avoid going to trial on a more serious charge.By pleading out, you can avoid the time and cost of defending yourself at trial, the risk of a harsh punishment, and the publicity that may come from a trial.If you feel that you can prove your innocence, you should not accept a plea deal.

Step 21: You have to go to trial.

The trial is the last phase of the criminal process.The prosecution will have to prove your innocence at your trial.You have the right to remain silent and not testify against yourself during your trial.The prosecution won't be able to use it against you if you remain silent.You can either request a jury trial or waive that right at the beginning of the process.You will do the same things as if you were in civil court once the trial begins.You will be able to give an opening statement, cross-examine witnesses, present your defense, and make a closing statement."smallUrl": "://www.wikihow.com/images/thumb/Defend-yourself-in-Court-Step-21.jpg"