My current location: , | Change location

How to Conduct Yourself in Court


A handful of tips to help you make a good impression on the judge.

It's not hard to learn how to conduct yourself in court. This is especially true if your trial is before a judge without a jury, because most judges make an effort to simplify jargon and procedure. And there are several practical steps you can take to learn the ropes:

Remember a few simple rules.

  • Call the judge "your honor," not "Judge Smith."

  • Don't interrupt your opponent or the judge -- you'll get your turn.

  • Don't get up and repeat all that you said before. When you have an important point to make in a jury trial, it's okay to tell them three times. If you are in a trial before a judge alone, two times is enough.

  • Attend a few trials involving similar issues. You'll see that it won't be that difficult to present your story and evidence to a judge. Allowing for many possible variations, most trials begin with each side making an opening statement -- each party presents an overview of his case, including what he expects to prove. The next stage is the direct examination during which the plaintiff (the person who filed the suit) presents her testimony as to what happened and supports it with witnesses' statements and other relevant evidence. After each of the plaintiff's witnesses testifies, the defendant gets a chance to cross-examine them. In doing so, the defendant attempts to produce testimony favorable to his version of events and to cast doubt on the reliability or credibility of the plaintiff's witnesses. Finally, each side gets to make a closing argument explaining to the judge or jury why they should win.

  • Carefully read a self-help book such as Represent Yourself in Court, by Paul Bergman and Sara Berman-Barrett (Nolo), which explains in great detail what you'll need to do. For example, you'll need to learn how to present and cross-examine witnesses. When you present eye witnesses, for instance, you do so by asking a series of questions. First, you need to establish that your witness has personal knowledge of the event in question. This normally means you must show that your witness personally observed, heard, smelled, touched or tasted whatever he is testifying to -- for example, that your witness was on the spot and overheard the contractor you are suing talking to someone about the details of your garage job. Second, you must learn to ask questions that allow your witness to explain whatever it is he knows that supports your case without your putting words in his mouth (called "leading the witness").

  • Prepare a Trial Notebook which outlines each major aspect of your trial and what you need to do and say at each point. For example, based on taking the other side's deposition or asking written questions (interrogatories), you probably have a pretty good idea what she will say when she testifies. Clearly, it's a good idea to use your Trial Notebook to prepare a carefully crafted outline of what you plan to ask her in court. Similarly, because you will know before trial who else will testify for the other side, your Trial Notebook should contain a well-organized list of points you want to cover when you have a chance to question (cross-examine) them.

  • If you are faced with a lawyer who immediately starts talking to the judge in lawyer-talk, such as referring to laws by their numbers, or court cases by citations and persists in speaking in convoluted gobbledygook, you'll need to assert yourself. Without apologizing, tell the judge you are representing yourself without a lawyer because you can't justify the expense and that you'll rely upon her to apply the correct law. In most routine cases this is exactly what would happen even if you hired a lawyer to pontificate for half an hour.

Copyright 2004 Nolo


More Sponsored Services
USLegalForms.com - Largest Selection of Legal Forms on The Internet:
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Wills, Divorce, Incorporation & More - Legalzoom:
Fast and friendly legal document service from LegalZoom, the #1 online legal document service.