How do I question witnesses in court?

When you present eyewitnesses, 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, ask questions to establish 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 that person to explain whatever he knows that supports your case without putting words into his mouth (called leading the witness). You can learn the basic techniques of how to question a witness and how to object to any improper questions asked by reading Represent Yourself in Court, by Paul Bergman and Sara Berman-Barrett (Nolo).

When my case finally makes it to the courtroom, I'm afraid I won't know what to say, when to say it, or even where to stand. How can I learn what to do?

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 many judges make an effort to simplify jargon and procedure for self-represented parties. In addition, there are several practical steps you can take to learn the ropes:

• 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.
• Carefully read a self-help book such as Represent Yourself in Court, by Paul Bergman and Sara Berman-Barrett (Nolo), which explains what you'll need to do in great detail. For example, you'll want to prepare a brief but thorough opening statement to tell the judge what your case is about.
• Prepare a trial notebook that outlines each major aspect of your trial and what you need to do and say at each point. For example, you'll have a pretty good idea of what a witness for the other side will say at trial because before the trial you probably took the witness's deposition or asked written questions (called interrogatories). It's a good idea to use your trial notebook to prepare a carefully crafted outline of what you plan to ask each witness in court.

When do I have a right to have my civil case heard by a jury?

For some types of cases, such as those involving child support or custody, or a request for an injunction (to stop the city from cutting down a tree, for example), you are not entitled to a jury, but in most civil cases, including those involving personal injury, breach of contract, professional malpractice, libel, or slander, you are entitled to a jury trial if you want one.

You may, however, want to think twice before you request a jury trial; it will be more complicated and harder to handle a case before a jury on your own than it would be to represent yourself before a judge. It can be tricky, for example, to participate in the jury selection process. Most who go it alone are better off avoiding this added level of complexity by trying their case in front of a judge -- but, of course, the other party has a say, too, and if that person demands a jury, so be it.