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 “ An excellent resource that outlines what’s involved in
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Represent
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Prepare & Try a Winning Civil Case
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 10th Edition

Represent
Yourself in Court
Prepare & Try a Winning Civil Case

Paul Bergman, J.D. & Attorney Sara J. Berman

Cartoons by Mike Twohy

LAW for ALL

Tenth Edition SEPTEMBER 2019
Editor LINA GUILLEN
Cover Design SUSAN PUTNEY
Cartoons MIKE TWOHY
Book Design TERRI HEARSH
Proofreading IRENE BARNARD
Index VICTORIA BAKER
Printing BANG PRINTING

ISSN: 2472-3525 (print)

ISSN: 2472-3533 (online)
ISBN: 978-1-4133-2661-1 (pbk)
ISBN: 978-1-4133-2662-8 (ebook)

This book covers only United States law, unless it specifically states otherwise.
Copyright © 1993, 1998, 2001, 2003, 2005, 2008, 2010, 2013, 2016, and 2019
by Paul Bergman and Sara J. Berman. All rights reserved. The NOLO trademark
is registered in the U.S. Patent and Trademark Office. Printed in the U.S.A.
No part of this publication may be reproduced, stored in a retrieval system,
or transmitted in any form or by any means, electronic, mechanical,
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Please note
We believe accurate, plain-English legal information should help you solve many
of your own legal problems. But this text is not a substitute for personalized
advice from a knowledgeable lawyer. If you want the help of a trained professional
—and we’ll always point out situations in which we think that’s a good idea—
consult an attorney licensed to practice in your state.
Dedications
To Andrea, Kevin, Hilary, Vincent, Daniel, and Julia, and to all our readers
whose active and knowledgeable participation in courtrooms across the
country improves the American system of justice.

Acknowledgments
Our continuing gratitude to Nolo founder Jake Warner and the late Steve
Elias, two excellent and caring lawyers who asked us to write a book that
could empower individual litigants to push the civil legal system in the
direction of greater justice and fairness.
Over the course of ten editions, we have benefited tremendously from
the help of Lina Guillen and Nolo’s many other talented and devoted
editors and support staff.
For this 10th edition, we especially acknowledge the help of UCLA Law
Prof. Dan Bussel, one of the country’s finest bankruptcy attorneys; Forrest
“Woody” Mosten, Esq., a UCLA Law School graduate and Los Angeles lawyer
who is one of the gurus of unbundled legal services; and Brian Victor, Esq.,
a San Diego lawyer who is rated among the very best family law lawyers in
California, and Ana Cordova.
About the Authors
Sara J. Berman is a professor at Concord Law School and Practical Academic
Support Services (PASS, specializing in online Bar review and law school
academic support). Berman is also the coauthor of The Criminal Law
Handbook: Know Your Rights, Survive the System (Nolo), and a regular
contributor to The Los Angeles Daily Journal.

Paul Bergman is a professor of law at the UCLA School of Law and a recipient
of a University Distinguished Teaching Award. His recent books include Reel
Justice: The Courtroom Goes to the Movies (with Asimow; Andrews McMeel,
2006), Trial Advocacy: Inferences, Arguments, and Trial Techniques (with
Moore and Binder; West Publishing Co., 1997), Trial Advocacy in a Nutshell
(5th ed., West Publishing Co., 2013), The Criminal Law Handbook (with
Berman; Nolo), Nolo’s Deposition Handbook (with Moore; Nolo), and
Evidence Law and Practice (with Friedland and Benham; Carolina Academic
Press, 2019). He has also published numerous articles in law journals.
Illustration Credits
Cartoons
All cartoons in this book were drawn by Mike Twohy. The following cartoons
are being reprinted with permission from the artist:
Page 10, © 1981 Mike Twohy, originally appearing in Criminal Defense.
Page 32, © 1987 Mike Twohy, originally appearing in The National Law Journal.
Page 81, © Mike Twohy.
Page 107, © Mike Twohy.
Page 157, © 1987 Mike Twohy, originally appearing in The Wall Street Journal.
Page 209, © Mike Twohy.
Page 235, © 1991 Mike Twohy, originally appearing in The National Law Journal.
Page 250, © 1979 Mike Twohy.
Page 275, © Mike Twohy.
Page 280, © Mike Twohy.
Page 292, © 1981 Mike Twohy.
Page 321, © 1991 Mike Twohy, originally appearing in Trial Diplomacy Journal.
Page 351, © Mike Twohy.
Page 369, © Mike Twohy.
Page 403, © Mike Twohy.
Page 430, © 1981 Mike Twohy, originally appearing in Medical Economics.
Page 506, © 1984 Mike Twohy, originally appearing in The National Law Journal.
Page 520, © Mike Twohy.

Computer Drawn Illustrations

All computer drawn illustrations were done by Terri Hearsh.
Table of Contents

1 Going It Alone in Court.................................................................................................................1

The Scope of This Book......................................................................................................................2
A Note to Law Students....................................................................................................................6
Can You Really Represent Yourself?............................................................................................6
Coping With Being a Stranger in a Strange Land.................................................................... 8
Civility.........................................................................................................................................................9
Arranging for Unbundled (Limited-Scope) Legal Representation........................... 11
Pro Se-Friendly Court Rules and Procedures.......................................................................15
Online Legal Assistance..................................................................................................................16
Using This Book................................................................................................................................... 17
Trying to Settle Your Case.............................................................................................................19
Alternatives to Trial...........................................................................................................................20

2 The Courthouse and the Courtroom...............................................................................25

An Overview of Different Courts..............................................................................................27
A Typical Courthouse......................................................................................................................28
The Courtroom Players...................................................................................................................31
The Courtroom and Its Physical Layout................................................................................38
Courtroom Rules, Customs, and Etiquette.......................................................................... 41

3 Starting Your Case.........................................................................................................................45

Do You Have a Good Case?..........................................................................................................47
Is Your Lawsuit Timely?...................................................................................................................50
Which Court Has the Power to Hear Your Case?.............................................................54
Beginning a Lawsuit..........................................................................................................................64

4 Pretrial Procedures........................................................................................................................83
Know and Follow Pretrial Deadlines........................................................................................84
Pretrial Conferences.........................................................................................................................85
Court-Ordered Mediation and Arbitration.........................................................................85
Initial Pretrial Procedures: Setting Ground Rules.............................................................86
Intermediate Pretrial Procedures: Discovery and Motions.........................................91
Final Pretrial Procedures: Trial Preparation..........................................................................94
5 Investigating Your Case........................................................................................................... 105
Informal Investigation................................................................................................................... 106
Formal Discovery..............................................................................................................................112
Depositions..........................................................................................................................................117
Written Interrogatories................................................................................................................133
Requests for Production of Documents and Subpoenas.......................................... 136
Requests for Admissions..............................................................................................................143

6 Settlement.........................................................................................................................................147
Court-Ordered Mediation.......................................................................................................... 150
Court-Ordered Arbitration........................................................................................................ 154
Offers of Judgment......................................................................................................................... 156
Pretrial Settlement Conferences..............................................................................................157
Post-Settlement Documents......................................................................................................159

7 Pretrial Motions.............................................................................................................................161
Overview of Pretrial Motion Practice.................................................................................. 162
Is a Motion Necessary?................................................................................................................. 166
What Goes Into a Motion?......................................................................................................... 166
Scheduling a Court Hearing on a Pretrial Motion......................................................... 168
Serving and Filing Your Documents..................................................................................... 169
Court Hearings on Motions.......................................................................................................170
Common Pretrial Motions......................................................................................................... 172

8 Proving Your Case at Trial: The Plaintiff’s Perspective...................................... 199

The Elements of a Legal Claim................................................................................................. 200
Finding the Elements of Your Claim..................................................................................... 202
Proving Each Element................................................................................................................... 203
Your Burden of Proof.................................................................................................................... 203
Identifying Facts to Prove the Elements of Your Claim.............................................. 206
Looking Ahead to Trial: Organizing Your Evidence.......................................................212
Learning About Your Adversary’s Case................................................................................215
9 Proving Your Case at Trial: The Defendant’s Perspective................................217
Identifying the Elements of the Plaintiff’s Legal Claim................................................219
Identifying the Plaintiff’s Facts .................................................................................................219
Defeating Any One Element of a Claim.............................................................................. 222
Disproving the Plaintiff’s Facts by Impeaching Witnesses........................................ 222
Proving Your Version of Events................................................................................................ 224
Putting Defense Strategies Together.................................................................................... 225

10 Selecting the Decision Maker.............................................................................................. 229

Are You Eligible for a Jury Trial?............................................................................................... 230
Are You Better Off With a Judge or a Jury?....................................................................... 230
Your Opponent’s Right to a Jury Trial.................................................................................. 231
Disqualifying a Judge..................................................................................................................... 232
Making a Timely Request for a Jury Trial............................................................................ 234
The Jury Selection Process ........................................................................................................ 234
Your Right to Challenge Jurors................................................................................................. 237
What Jurors Should You Challenge?..................................................................................... 240
What Should You Ask Prospective Jurors?.........................................................................241
Alternate Jurors.................................................................................................................................245

11 Opening Statement.....................................................................................................................247
Should You Make an Opening Statement?....................................................................... 248
When to Make Your Opening Statement...........................................................................249
Putting Together Your Opening Statement......................................................................251
What Not to Say During Your Opening Statement..................................................... 253
Rehearsing and Presenting Your Opening Statement................................................. 257
Sample Opening Statement and Outline.......................................................................... 258

12 Direct Examination.................................................................................................................... 263

Direct Examination as Storytelling........................................................................................ 264
Overview of Direct Examination Procedures.................................................................. 264
Preparing for Direct Examination.......................................................................................... 266
Presenting Your Own Testimony on Direct Examination......................................... 270
Questioning Witnesses................................................................................................................ 272
Hostile Witnesses............................................................................................................................ 283
The Judge’s Role............................................................................................................................... 285
Sample Direct Examination ...................................................................................................... 287
13 Cross-Examination...................................................................................................................... 291
Overview of Cross‑Examination............................................................................................. 292
Should You Cross-Examine?...................................................................................................... 294
Asking Questions on Cross-Examination........................................................................... 296
Eliciting Helpful Evidence........................................................................................................... 298
Impeaching Adverse Witnesses ..............................................................................................300
Basing Questions on Evidence You Can Offer................................................................. 309
What to Do If Your Witness Is Impeached.........................................................................310
Preparing for Cross-Examination.............................................................................................311

14 Closing Argument........................................................................................................................313
When to Deliver Your Closing Argument...........................................................................314
Preparing and Rehearsing Your Closing Argument.......................................................315
Putting Together a Closing Argument..................................................................................315
What Not to Say During Your Closing Argument......................................................... 326
Rebuttal Argument........................................................................................................................ 327
Objections During Closing......................................................................................................... 327
Sample Closing Argument and Outline.............................................................................. 328

15 Exhibits................................................................................................................................................ 333
Overview of Admitting Exhibits Into Evidence.............................................................. 334
Step 1: Mark Your Exhibits and Show Them to Your Adversary.......................... 336
Step 2: Identify (Authenticate) Your Exhibits................................................................. 337
Step 3: Lay a Foundation............................................................................................................ 338
Letting Jurors See Your Exhibits.............................................................................................. 350
When Exhibits Are Required: The Best Evidence Rule ............................................... 352
Objecting to Your Adversary’s Exhibits.............................................................................. 352
Organizing Exhibits for Trial.......................................................................................................355

16 Basic Rules of Evidence............................................................................................................ 357

Relevance............................................................................................................................................. 358
Excluding Relevant but Unfairly Prejudicial Evidence................................................. 361
Opinion Evidence............................................................................................................................ 362
Rules Excluding Evidence Based on Social Policies.......................................................364
Habit Evidence.................................................................................................................................. 368
 Hearsay................................................................................................................................................. 368
Authentication of Documents and Other Tangible Exhibits.................................. 378

17 Making and Responding to Objections....................................................................... 379

Overview of Objections............................................................................................................... 380
Objections Made Before Trial: Motions in Limine........................................................ 381
Making Objections During Trial.............................................................................................. 384
Responding to Your Adversary’s Objections.................................................................... 388
Checklist of Common Objections......................................................................................... 391

18 Organizing a Trial Notebook............................................................................................... 399

Setting Up Your Notebook........................................................................................................400
Index Tab 1: Legal Pleadings......................................................................................................400
Index Tab 2: Discovery Materials............................................................................................ 401
Index Tab 3: Legal Claim Outline............................................................................................ 402
Index Tab 4: Opening Statement Outline.......................................................................... 402
Index Tab 5: Direct Examination Outlines......................................................................... 402
Index Tab 6: Cross-Examination Outlines.......................................................................... 403
Index Tab 7: Closing Argument Outline.............................................................................404
Index Tab 8: Jury Trial Documents.........................................................................................404
Index Tab 9: Miscellaneous Documents............................................................................. 405

19 Expert Witnesses.......................................................................................................................... 407

Who Are Expert Witnesses?......................................................................................................408
Do You Need an Expert Witness?..........................................................................................408
Special Rules for Expert Witnesses.........................................................................................410
Finding and Hiring an Expert Witness..................................................................................413
Questioning Your Expert Witness at Trial..........................................................................418
Cross-Examining Your Opponent’s Expert Witness..................................................... 425

20 When Your Trial Ends: Judgments and Appeals.................................................... 429

How Final Decisions Are Made at the End of Trial.........................................................431
Requesting a New Trial or Change in the Verdict.......................................................... 433
Appeals..................................................................................................................................................435
Collecting and Paying Judgments..........................................................................................440
 21 Representing Yourself in Family Court......................................................................... 449
Formulate a Divorce Game Plan............................................................................................. 452
Understanding the Basics of Family Law............................................................................466
Filing for Divorce..............................................................................................................................474
How Uncontested Divorces Work......................................................................................... 477
How Contested Divorces Work............................................................................................... 481
Modification of Support, Custody, and Visitation........................................................ 488

22 Representing Yourself in Bankruptcy Court............................................................ 497

The Chapter 7 Bankruptcy Process....................................................................................... 498
Meeting of Creditors (341(a) Hearing)................................................................................. 502
Relief From Stay Hearing............................................................................................................. 503
Objection to Exemption Hearing........................................................................................... 505
Discharge of Debt Hearing......................................................................................................... 507
Reaffirmation of Debt Hearing................................................................................................ 508
Getting Help Beyond This Book.............................................................................................. 509

23 Help Beyond the Book: People, Places, and Publications................................513

What You May Want to Research...........................................................................................514
Sources of Information..................................................................................................................517

Glossary..........................................................................................................................................................531
Index...................................................................................................................................................................549
 C H A P T E R

Going It Alone in Court 1

The Scope of This Book...................................................................................................................................2
A Note to Law Students.................................................................................................................................6
Can You Really Represent Yourself?.......................................................................................................6
Coping With Being a Stranger in a Strange Land............................................................................... 8
Civility.......................................................................................................................................................................9
Arranging for Unbundled (Limited-Scope) Legal Representation................................... 11
Limited-Scope Services........................................................................................................................ 11
Special Rules Apply to Limited-Scope Representation......................................................12
Hiring a Limited-Scope Lawyer ......................................................................................................12
Pro Se-Friendly Court Rules and Procedures.................................................................................15
Online Legal Assistance...............................................................................................................................16
Using This Book................................................................................................................................................17
If Time Permits, Read Through the Entire Book....................................................................17
Use This Book in Conjunction With Local Court Rules....................................................17
Make a Trial Notebook........................................................................................................................19
Trying to Settle Your Case.........................................................................................................................19
Alternatives to Trial.......................................................................................................................................20
Court Hearings.........................................................................................................................................20
Arbitration.................................................................................................................................................20
Mediation...................................................................................................................................................21
Negotiation................................................................................................................................................22
Administrative Agency Hearings...................................................................................................22
2  |  REPRESENT YOURSELF IN COURT
T
his book provides the information
you need to prepare for trial and
represent yourself in court.
Understanding the procedures and tech-
niques described here will help you present
a persuasive, legally proper case whether you
are a plaintiff (meaning that you have filed
a lawsuit yourself) or a defendant (meaning
that you have been sued). Illustrated with
sample forms, pleadings, and courtroom
dialogues, the book will take you through the
litigation process step by step, from deciding
whether you have a valid legal claim or
defense to preparing an appeal if you lose.
If you had your druthers, you might prefer
to turn your case over to a trial attorney
(often called a “litigator”), who is trained to
gather and present evidence in court. But in
many common situations, it doesn’t make
economic sense to hire a lawyer. Perhaps you
find yourself in a situation like one of the
following:
• You injured your back when you slipped
on loose carpeting in an office building
you were visiting.
• You own a small manufacturing
business and have sued a supplier for
delivering faulty raw material.
• Your landlord has sued to evict you
from your apartment, and you claim
that the eviction is unlawful.
• You have filed a claim against your ex-
spouse seeking increased child support.
• You are a building contractor who has
been sued by a homeowner for using
building m­ aterials other than those
specified in a ­remodeling contract, and
you claim that the homeowner asked
you to modify the contract after work
was begun.
• Money that was left to you in trust
by your parents has been depleted by
improper investments made by the trust
company that controls the trust assets.
In any of these instances—and count­less
more—if you can’t resolve your dispute in a
friendly way, you may have to go to court to
protect your rights.
Unfortunately, with fees charged by
lawyers commonly running in excess of
$150 an hour, it may not make economic
sense—or even be financially possible—for
you to hire a lawyer. Even if you win and
are able to collect what the other side owes
you, the lawyer’s fees may devour much of
your gain. As a result, representing yourself
in court or dropping your claim or defense
altogether may be your only realistic
alternatives.
The Scope of This Book
This book explains rules and techniques for
preparing and trying a civil case, including
how to handle a case in family court or bank­
ruptcy court. It does not cover criminal cases.
See “Civil and Criminal Cases,” below. You
will learn how to figure out what evidence
you need to present a legally solid case,

whether you are a plaintiff or a defendant.
Among other things, you will learn:
• how to prepare the initial pleadings
(usually called a “complaint” or an
“answer”) that get a civil case underway
(see Chapter 3)
• how to comply with the important
“pre­trial procedures” and activities
that typically take place after the initial
pleadings but before trial (see ­Chapter 4)
• how to investigate your case and gather
evidence, using both informal methods
and formal “discovery” (see Chapter 5)
• how to try to settle your case with­out
going to trial (see Chapter 6)
• how to select a jury if you are in­volved
in a jury trial (see Chapter 10)
• how to present your own testimony and
conduct direct examination of your
witnesses and cross-examination of your
adversary’s witnesses (see Chapters 12
and 13)
• how to apply rules of evidence so that
a judge will accept your admissible
evidence and ­exclude your adversary’s
improper evidence (see Chapter 16)
• how to locate, hire, and effectively use
expert witnesses (see Chapter 19)
• how to present a persuasive opening
statement and closing argument (see
Chapters 11 and 14), and
• how to comply with courtroom
procedural rules, such as where and
when to sit and stand (see Chapter 2),
how to handle exhibits (tangible
CHAPTER 1 |  GOING IT ALONE IN COURT  |  3
objects like photographs and receipts)
(see Chapter 15), and how to address
the judge and opposing counsel (see
Chapters 2 and 17).
Why Do People Represent Themselves?
The National Center for State Courts conducted
a study to find out why more and more people
are representing themselves in court instead of
hiring an attorney. The study found that those
who represent themselves believe that:
• lawyers are too expensive
• courts and lawyers do not deliver quality
­services, and
• their cases are simple enough to handle
­themselves.
Analysts of civil court systems provide
additional reasons for the growth in self-
representation, including:
• people want to be in control of their cases
• lawyers often lack good “bedside manners”
and aren’t good at explaining to clients
what is happening with their cases
• many people distrust lawyers, both
because of negative personal experiences
and because of the negative images of
lawyers often portrayed on TV, in books,
and in the movies, and
• legal assistance is available from other
sources, such as the Internet, computer
software, and paralegals or other legal
document providers.
The book guides you, step by step, through
every phase of a civil trial.
4  |  REPRESENT YOURSELF IN COURT
Civil and Criminal Cases
This book covers only civil cases, which arise
when private citizens (including corporations
and other associations) sue each other. Criminal
trials, by contrast, occur when a state or the
federal government seeks to punish someone for
violating a criminal law. The major differ­ences are:
• The result. Civil cases typically end with
money paid by one party to the other;
criminal cases may result in fines paid to the
government and imprisonment.
• The burden of proof. In most civil cases, a
plaintiff wins by convincing a judge or jury by
a “preponderance of evidence” that its claim
is true. In criminal cases the prosecution
must prove a defendant’s guilt “beyond a
reasonable doubt.”
• The right to a jury trial. You are entitled
to a jury in all criminal cases but not in all
civil cases. For example, you are entitled to a
jury trial in personal injury cases but not
Unless you are in court regularly, you may
not know how a case proceeds from initial
filing through trial. Therefore, this book also
provides you with background information
about what you will see—and what you need
to do—when you enter the courtroom where
your case will be heard. You will learn where
to file your court papers; how to subpoena
witnesses (order witnesses to come to court
and testify); the functions of a courthouse
Clerk’s Office and a courtroom clerk; and
the powers and duties of all the personnel
in child custody and spousal support cases.
Also, most states require unanimous jury
verdicts in criminal trials but agreement
by only three-fourths of the jurors in a
civil case.
• The right to counsel. Defendants facing
criminal charges have the right to an
appointed lawyer, at the government’s
expense, in almost all cases. In civil cases,
plaintiffs and defendants have to pay for
their own lawyers or represent themselves.
We have written another book that can help if
you or someone you know has been arrested or
accused of a crime and is facing possible criminal
charges. It’s called The Criminal Law Handbook:
Know Your Rights, Survive the System (Nolo).
While that handbook does not recommend
self-representation in criminal cases, it can be a
tremendous resource at a time you need solid,
trustworthy information.
who typically carry out courthouse business,
including bailiffs, court ­reporters, interpreters,
attorneys, jurors, and judges.
Finally, the book devotes separate chapters
to two types of specialized court proceedings.
Chapter 21 provides information about
hearings in ­divorce and related family law
matters, such as spousal abuse, child custody,
child support, and spousal support. Chapter 22
provides information for debtors and creditors
about contested hearings that often occur in
bankruptcy cases.

Overview of a Typical Civil Case
1. A plaintiff starts a lawsuit by filing a document
often called a “complaint” with a court and
serving the complaint and a Summons on the
defendant(s) named in the complaint.
How long can a plaintiff wait before starting
a lawsuit? What court has “jurisdiction” (power)
to decide a case? How do you state and prove
a valid legal claim? See Chapters 3 and 8.
2. A defendant files a response (typically, an
“Answer”) in the same court and serves it on
the plaintiff. What information goes into an
Answer and how can you defeat a legal claim
at trial? See Chapters 3 and 9.
3. The plaintiff and defendant seek to bolster
their legal claims while finding out about the
adversary’s case. They do this by conducting
an informal investigation and using the
information-gathering tools of formal
discovery. See Chapter 5.
4. Mediation and settlement discussions may
take place before a lawsuit is filed and also
afterward, just before trial. See Chapter 6.
5. The parties to a lawsuit may file motions
asking a judge to terminate a lawsuit before
it goes to trial or make other orders. See
Chapter 7.
Family law and bankruptcy matters merit
separate chapters for a number of reasons.
Each i­nvolves specialized hearings that you
don’t find in other types of civil cases. Also,
judges usually decide these disputes alone,
CHAPTER 1 |  GOING IT ALONE IN COURT  |  5
6. The parties go to trial.
Will the case be tried to a judge or jury?
See Chapter 10.
How do you effectively present an
opening statement, conduct direct and
cross-examination, and a closing argument?
See Chapters 11–14 and Chapter 18.
What are the rules of evidence that the
judge will expect you to follow and use at
trial? See Chapters 15–17.
If you need an expert witness, how do you
find one? How can you effectively conduct
the direct examination of your expert and
cross-examine your adversary’s expert?
See Chapter 19.
7. A party may appeal in an effort to
overturn an unfavorable trial outcome.
See Chapter 20.
8. Two types of cases with specialized rules
and procedures in which pro se litigants are
common are Family Court and Bankruptcy
Court. See Chapters 21 and 22.
9. You may have to engage in legal research
to represent yourself effectively. See
Chapter 23.
without juries. And litigants f­ requently
represent themselves in both family law and
bankruptcy cases. This is especially true
in divorce court, where at least one of the
parties is self-represented in 80% of cases.
6  |  REPRESENT YOURSELF IN COURT
A Note to Law Students
If you’re a law student—or plan to go to law
school—this book is a useful and easy-to
follow guide to the basics of civil procedure
and litigation, from initial pleadings and
discovery to appeal. The knowledge of
general court procedures and fluency with
legal terminology that you will gain from
reading this book will help you successfully
transition to law school and enhance your
understanding of assigned casebook readings. you need to know to present a coherent,
If you plan to work as a summer intern
in a litigation law firm or as a judicial clerk,
this book will provide you with many of
the tools you need to help your supervisor
prepare for court or show your judge that
you understand the different phases of a trial.
An Educated Client
This book will help you even if you are rep-
resented by a highly competent lawyer. The
information you will find here will turn you
into an “educated client,” who understands the
litigation process and can participate actively in
making the important decisions that affect the
outcome of your case.
Can You Really
Represent Yourself?
Unless your case is unusually complex,
you really can represent yourself. You may
not have all the legal training of a lawyer,
but you do not need to go to law school to
have common sense, to learn how to ask
intelligent questions, or to recognize what
makes people and information believable.
In the words of Oliver Wendell Holmes,
one of the country’s most revered U.S.
Supreme Court justices, “The life of the law
has not been logic, it has been experience.”
As these words suggest, your everyday life
experience is the foundation of most of what
convincing case. Besides, as former Supreme
Court Chief Justice Warren Burger was
fond of pointing out, many lawyers are not
such hotshots; they often come to court ill-
prepared and lacking professional skills.
Nor do you need to be intimidated by the
difficulty of the law or legal reasoning. Your
trial will probably be concerned with facts,
not abstract legal issues. For the most part,
you can look up the law you need to know.
(See Chapter 23 for information on how to
do this.) Legal reasoning is not so different
from everyday rational thinking. Forget the
silly notion that you have to act or sound
like an experienced lawyer to be successful
in court. Both lawyers and nonlawyers with
extremely varied personal styles can succeed
in court. The advice to “be yourself” is as
appropriate inside the courtroom as outside.
No matter how many times you read
this book and how carefully you prepare,
you will probably feel anxious when you
represent yourself in court, especially if

your opponent has a lawyer. Perhaps it will
help you if you know that you aren’t alone.
Many professionals feel anxiety—particularly
before a first performance—whether they are
lawyers about to begin a trial, teachers about
to teach a class, or actors about to perform
on stage. So take a deep breath and gather
The Changing Face of Civil Court
In the years since this book first appeared, the
number of people representing them­selves in
civil court cases has continued to grow. A recent
collection of statistics by the National Center
for State Courts shows that the vast majority
of family law cases involve at least one, and
often two, self-represented parties. In California,
over 4.3 million people using the courts are
self-represented; in New Hampshire, 85% of
civil cases in the trial court involve at least one
self-represented party. Research indicates that
at least one party was self-represented in more
than two-thirds of domestic relations cases in
California and in nearly 90% of divorce cases
in Phoenix, Arizona, and Washington, DC. (See
Jona Goldschmidt, et al., Meeting the Challenge
of Pro Se Litigation: A Report and Guidebook for
Judges and Court Managers, A Consumer Based
Approach (1998).) These studies are substantiated
by many civil court administrators and judges,
who estimate that the number of self-represented
parties has increased by at least 50% over the past
five years.
CHAPTER 1 |  GOING IT ALONE IN COURT  |  7
up your courage. As long as you combine
your common sense with the principles and
techniques described in this book, and are
not afraid to ask a court clerk, a law librarian,
an attorney, or even the judge for help if
you become confused, you should be able to
represent yourself competently and effectively.
The Legal Services Corporation 2009 report,
Documenting the Justice Gap in America, confirms
an increase in the number of civil pro se litigants.
Due to a lack of government funding, few low-
income people can address their legal needs
with the assistance of an attorney. As a result,
state courts are flooded with unrepresented
litigants. To close the gap between the number
of people who don’t have access to legal help
and those that are lucky enough to work with a
legal aid office, the report calls for increased legal
aid funding from federal and state governments
and private funders and recommends that
lawyers contribute additional pro bono services.
These developments may be spurred by the U.S.
Supreme Court decision in Turner v. Rogers (2012),
which suggested that civil court proceedings have
to be fundamentally fair, that courts should create
forms to help pro se litigants participate fully in
the justice system, and hinted that at least in some
civil cases, the government may have to provide
free legal assistance to parties who cannot afford
to hire a lawyer.
8  |  REPRESENT YOURSELF IN COURT
To represent yourself successfully,
especially ­if your adversary has a lawyer,
you must be ­­­­­­prepared to invest substantial
amounts of time in your ­­­­case­­­­­­­—and particu­
larly in the many pretrial procedures and
maneuvers that can mean the difference
­between winning and losing. To non-
lawyers, the legal system seems to center on
the outcomes of trials. After all, that’s the
dramatic part—and the focus of so many
movies and TV shows. If you believe these
portrayals, you might think you just have to
file a few papers, tell your story to a judge,
and claim victory. (This was the belief of
Vinny, who represents two ­defendants
charged with murder in the wonderful
court­room comedy film, My Cousin Vinny.
Vinny shows up for an a­ rraignment and
tries to explain to the judge that the police
made a mistake. Vinny is shocked when the
judge advises him that he’s not going to set
aside all of his state’s procedures just because
Vinny finds himself “in the unique position of
representing clients who say they didn’t do it.”)
For lawyers, in contrast, the legal system is
an array of procedures that begin long before
trial (and often continue long afterwards).
In fact, few cases ever actually make it to
trial. Instead, they settle out of court—or
are dismissed—because of these pretrial
procedures. Although individually justifiable,
collectively these procedures create the
potential for adversaries to engage in lengthy
“paper wars” that you might find harrowing.
Many lawyers are fair and reasonable and
will not try to “paper you to death.” Never­
theless, you have to realize from the outset
that representing yourself effectively is likely
to require a substantial commitment of
time—even if your case never goes to trial.
CAUTION
Be reasonable. Rule 26(b)(1) of the
Federal Rules of Civil Procedure provides that pretrial
demands for information about an adversary’s claims
must be “proportional to the needs of the case.” This
means that your adversary’s lawyer can’t bombard
you with demands for voluminous information that
is out of proportion to the amount in dispute. If
a lawyer violates this rule by trying to “paper you
to death,” you can file a motion in court asking a
judge to “quash” (cancel) the demand and sanction
(penalize) the lawyer.
Coping With Being a
Stranger in a Strange Land
Courts are public institutions belonging to the
people, and you have the right to represent
yourself there. However, courts are also
bureaucratic institutions with very heavy case­
loads. Historically, filing clerks, courtroom
clerks, court reporters, and even judges have
usually preferred to deal with lawyers rather
than with people who represent themselves.
(When you represent yourself, you may find
yourself referred to as a “pro per” or “pro se”
litigant, Latin abbreviations favored by
judges and lawyers.) Although the increasing
number of people representing themselves is
beginning to change these attitudes in some
places, many court personnel b­ elieve (often

mistakenly) that they can do their work
more quickly and easily when they work with
lawyers than when they work with people
who are representing themselves.
So even if it seems highly unfair, do not
be surprised if you encounter initial hostility
from court personnel. In your eyes, you are
an individual seeking justice and doing what
you have a right to do. But to the people
who work in courthouses every day, you
may be perceived as someone who will make
their jobs more difficult. Instead of helping
you, they may even attempt to put obstacles
in your path, hoping that you will get
discouraged and go away.
Knowing ahead of time that you may
encounter a hostile attitude is the best
weapon against it. Read and study this
book and other legal resources, many of
which are available free online or in your
local library. Learn how to prepare and
present a persuasive case and follow the
proper procedures for the Clerk’s Office and
the courtroom. If you believe that court
personnel at any level are being rude to you,
be courteous and professional in r­ eturn, even
as you insist upon fair treatment. By knowing
and following court rules and courtroom
techniques, you can often earn the respect
of the judge and the others who work in the
courtroom. As a result, you may well find
that they will go out of their way to help you.
Realize too that even those lawyers who
are in their comfort zone in the court system
often get yelled at and harassed by other
CHAPTER 1 |  GOING IT ALONE IN COURT  |  9
lawyers, judges, and court personnel. For
many lawyers, hassles like these go with the
job, and they tend to develop a thick skin.
To survive as a stranger in this strange land,
your skin probably has to be even thicker.
Civility
The lack of civility among lawyers is a
frequent topic at bar association meetings.
Canon 7 of the American Bar Association
Model Code states that a “lawyer should
represent a client zealously within the bounds
of the law.” Many lawyers blame an over-
enthusiastic reliance on Canon 7 for what
they consider a rising tide of lawyer incivility
(or bullying) that characterizes modern
litigation. Commonly-cited examples include:
• Refusing a reasonable request to
postpone a hearing, which forces the
other side to go to court and ask for
a continuance the judge will almost
certainly grant.
• Intentionally misconstruing the mean­ing
of a simple and clear discovery request
and responding with irrelevant
information, an invalid objection, or an
inappropriate claim of privilege.
• Using rude language. For example, in
the In re First City Bancorp of Texas
case, a lawyer referred (on the record) to
opposing counsel as a stooge, a puppet,
a deadhead and an underling who
graduated from a bottom-feeding law
school.
10  |  REPRESENT YOURSELF IN COURT

• Using delaying tactics to maximize the advantage of an opponent, or in a

inconvenience and cost of litigation. For manner intended to take advantage of
example, in the case of GMAC v. HTFC another lawyer’s unavailability.”
Corp., a deponent (on advice of counsel) • California’s Attorney Guidelines of
provided a long and meandering Civility and Professionalism forbid the
answer, and in response to the deposing use of foul and hostile language during
attorney’s protest stated, “I’m going depositions, the practice of scheduling
to keep going. I’ll have you flying in depositions without prior contact for
and out of New York City every single convenient times and locations, and
month and this will go on for years. And rude-toned and intimidating questioning.
by the way, along the way GMAC will You might expect lawyers who disrespect
be bankrupt and I will laugh at you.” their professional colleagues to be even more
To curb this type of behavior, numerous disrespectful of pro se litigants. If an adver-
lawyer associations have developed civility sary’s lawyer tries to intimidate you, keep
guidelines. For example: your cool. Look to the judge for help, and
• The American Board of Trial Advocacy don’t try to out-bully a bully. Perhaps real-
(ABOTA), a national group of izing that most lawyers and bar associations
experienced trial lawyers, adopted the disavow bullying tactics can help you do so.
Principles of Civility, Integrity and
Professionalism, which are “intended
to discourage conduct that demeans,
hampers or obstructs our system
of justice.” Principle 19 states that
attorneys should “never take depositions
for the purpose of harassment or to
burden an opponent with increased
litigation expenses.”
• Utah’s Standards of Professionalism
and Civility state that “Lawyers shall
adhere to their express promises and
agreements, oral or written” (Standard 6).
Standard 13 states, “Lawyers shall not
file or serve motions, pleadings or other
papers at a time calculated to unfairly
limit other counsel’s opportunity
to respond, or to take other unfair

Arranging for Unbundled
(Limited-Scope) Legal
Representation
Traditionally, legal representation was an
all or nothing deal. If you wanted to hire a
lawyer to represent you in a civil case, the
lawyer would carry out all the legal tasks
that the case required. If you couldn’t afford
to—or didn’t want to—turn your entire case
over to a lawyer, your only alternative was no
lawyer at all: You would be a pro se litigant,
representing yourself and single-handedly
completing all legal tasks, such as preparing
pleadings and appearing in court.
Times change and occasionally so too
does the legal profession. In 2013, the
House of Delegates of the American Bar
Association passed a resolution “encouraging
practitioners—when appropriate—to
consider limiting the scope of their
representation, including the unbundling of
legal services as a means of increasing access
to legal services.” Now, many attorneys
provide a hybrid form of legal representation
generally known as “limited-scope” or
“unbundled representation.”
Unbundling refers to an agreement
between a client and a lawyer to limit
the scope of the lawyer’s services. If you
hire an attorney to provide limited-scope
representation, your lawyer becomes a “legal
coach,” who carries out some case-related
tasks while you handle others: You and your
legal coach decide how to divide assignments.
CHAPTER 1 |  GOING IT ALONE IN COURT  |  11
Of course, you and your coach may alter
arrangements as your case proceeds. For
example, you may initially agree that your
coach will handle all depositions, but as you
become more familiar with deposition pro-
cedures and the issues in your case, you may
want to modify this so that you’ll represent
yourself at some (or all) future depositions.
Limited-Scope Services
Lawyers who provide limited-scope represen-
tation often prepare a menu of services, orga-
nized into distinct types of tasks. You can
then “order off the menu.” For example, with
a limited-scope representation, your attorney
might do one or more of the following:
• provide legal advice (at an initial
consultation or periodically as a case
progresses)
• conduct legal research
• draft letters, pleadings, or other
documents
• gather facts
• conduct discovery
• negotiate a settlement
• participate in mediation, or
• make court appearances.
The unbundled services you choose will
depend on factors such as:
• how much you’re willing to pay
• how much time you can devote to
case-related tasks
• your experience and comfort with the
litigation process, and
• how complex your case is.
12  |  REPRESENT YOURSELF IN COURT
Special Rules Apply to Limited-
Scope Representation
All jurisdictions have adopted rules regarding
unbundled legal services. For example, most
states follow the American Bar Association’s
Model Rule of Professional Conduct 1.2(c),
which provides that lawyers may limit the
scope of their representation, as long as the
limitations are reasonable under the circum-
stances, and the client gives informed consent.
The specific rules governing limited-scope
representation vary somewhat from state to
state. Here are examples of limited-scope
representation rules from various states:
• Under New York Rule of Professional
Conduct 1.2, as part of getting informed
client consent, lawyers must disclose the
reasonably foreseeable consequences of
limiting the scope of representation. If
it’s reasonably foreseeable that during
the course of representation, additional
legal services may be necessary, limited-
scope lawyers must tell clients that they
may need to hire separate counsel, which
could result in delay, additional expense,
and complications.
• Florida Rule of Professional Conduct
4-1.2(c) requires lawyers who provide
limited-scope representation to notify
the court when they have drafted
a document on a client’s behalf by
including the phrase, “Prepared with the
assistance of counsel” on the document.
• California Rule of Court 3.35(c) allows
attorneys to provide undisclosed limited-
scope representation to clients so long as
the attorneys do not appear in court, but
requires that lawyers who appear in court
as part of their limited-scope representa-
tion give notice of their participation to
the court and opposing parties.
• A California court ruled that California
lawyers in limited-scope representation
agreements have to alert their clients to
legal problems that are reasonably appar-
ent to the lawyer, even if those problems
fall outside the scope of the agreement.
( Janik v. Rudy, Exelrod & Zieff, 2004.)
Hiring a Limited-Scope Lawyer
Lawyers who are open to providing
unbundled legal services are trying to make
it easier for clients to find them through
listings on bar referral panels. However,
few lawyer referral services identify lawyers
according to whether they specialize in
providing unbundled legal services. You
may have to contact a few attorneys in your
area to find one with experience in providing
unbundled legal services.
If you’re considering unbundled legal
services, shop for your attorney with
the same care as you would if you were
hiring a lawyer to handle your entire case.
That is, you need to investigate a lawyer’s
qualifications, competence, and diligence.
You also have to consider the cost of
unbundled services, including the lawyer’s
fee and additional expenses, such as fees for
paralegals, investigators, and experts.

What You Should Know About Lawyers’ Fees
When you interview a potential legal coach, ask
about all fees and costs—including the initial
interview. It obviously defeats your purpose if
you have to spend more to consult a legal coach
than you would to hire a lawyer to handle your
entire case. Typically, lawyers use hourly, fixed,
or contingency fee arrangements. Most likely,
someone serving as your legal coach will charge
you by the hour.
Hourly rates for lawyers who do personal
legal-services work typically run from $100 to
$250 per hour. Certain experts and big-firm
lawyers charge even more. It is important to find
out exactly how the lawyer will calculate the bill.
For example, some lawyers who charge by the
hour bill in minimum increments of 15 minutes
(quarter hour), and others bill in increments of
six minutes (tenth of an hour). That means that
a five-minute phone conversation for which you
are billed the minimum amount could cost you
different amounts, depending on how the lawyer
figures the bill.
Although getting good value for your money is
key, this doesn’t mean that you should always look
for the lowest hourly fee. You can often benefit
by hiring a more experienced attorney, even if
the attorney’s hourly rates are high, because the
lawyer may take less time to review and advise you
on particulars of your case.
Many lawyers routinely ask clients to pay a
“retainer”—a deposit or advance fee—that is kept
in a trust account and used as services are provided.
CHAPTER 1 |  GOING IT ALONE IN COURT  |  13
Your legal coach may ask for a retainer in order
to see that you are serious and have the money
to pay. However, you shouldn’t be expected
to come up with a large amount of money,
because you do not plan on running up high
legal bills. A fee of more than $500 is excessive,
especially before you know whether the legal
coach relation- ship is really working out.
There are a couple of specific types of fees
that you should know about:
Contingency Fees. When representing people
in personal injury cases, lawyers often take a
percentage of the final judgment—often one-
third, but varying depending on factors such
as whether a case settles before trial—as their
fee. Because you will try your own case, you will
probably not use a contingency fee arrangement.
If your coach suggests one, do not agree to give
too high a percentage, since you will be doing
most of the work.
Fixed Fees. A fixed fee is a set fee for a
particular project. For example, a lawyer may
charge $500 to write your will. It is unlikely that
an attorney will suggest a fixed fee to coach you
through your whole case, because the lawyer will
have little idea of the amount of work involved.
But the lawyer may suggest fixed fees for
particular services along the way. For example,
you may find a lawyer willing to charge you no
more than a specific sum of money to review
and edit your complaint or to help you respond
to your opponent’s interrogatories.
14  |  REPRESENT YOURSELF IN COURT
Keeping Legal Bills in Check
Working with a competent, supportive lawyer
will likely be well worth the expense. But there are
approaches you can use to keep the bills down and
get the most for your money:
• Prepare before you talk to your coach. To save
time and thus money, prepare for all sessions,
including the initial interview and phone calls.
• List your questions before you meet. If
possible, get questions to the lawyer in writing
before meetings. That allows the lawyer
time to look up answers and saves you an
additional meeting. It also helps focus the
conversation so there’s less of a chance of
digressing into unrelated topics.
• Consolidate questions. Hourly charges are
usually divided into parts of an hour, so
you may be charged for more time than
you actually spend. For example, if your
legal coach bills in 15-minute intervals and
you only talk for five minutes, you may
still be charged for the whole 15. If that is
your coach’s practice, it pays to gather your
questions and ask them all at once, rather
than calling every time you have a question.
Just as with traditional attorney-client rela-
tionships, in unbundled situations, you should
expect to sign a written retainer agreement.
The agreement will describe the scope of
the lawyers’ services—especially the services
that are not covered by the agreement. Typi-
cal agreements also specify the following:
• the respective responsibilities of the
attorney and the client
• Try to answer questions on your own.
Remember that you are hiring a legal coach,
not a full-service lawyer. That means you
need to do as much as you can by yourself
and only turn to the coach when you are
really stuck. By reading this book all the way
through and consulting a nearby law library,
you can answer many of your questions on
your own. And those you cannot answer
completely you can often narrow down.
• Beware of other costs. Whatever the formal
fee arrangement, there may be incidental
costs, such as photocopy and fax charges.
If so, you might cut down on these by
picking up or delivering documents your-
self, or making your own copies.
• Review lawyer bills carefully. A lawyer
who bills at $200 an hour who spends six
minutes talking with you might charge
you $20 or “0.1” on the bill. If that were
transposed by accident as 1.0 (one hour)
when the data is entered, you could end
up paying $200.
• the fees and billing arrangements, and
• your consent to the limited scope of the
representation.
For instance, an agreement may specify
that the client is responsible for making all
decisions and court appearances, and that
the lawyer will conduct legal research, draft
documents, and prepare the client for court
proceedings.
 CHAPTER 1 |  GOING IT ALONE IN COURT  |  15

CAUTION Forrest Mosten and Liz Scully, Family Lawyer’s

Red Flag Clients. Even lawyers who Guide to Unbundled Legal Services.
are generally comfortable providing limited-scope Joseph Matthews, The Lawsuit Survival Guide:
representation are often careful to screen out A Client’s Companion to Litigation (Nolo) (the book
“red flag” clients for whom this model may not be includes advice on working effectively with a lawyer
a good fit. Types of “red flag” clients include: in a limited-representation situation).
• clients with unrealistic expectations of the
value of their cases
• clients who need emergency legal services
• clients who seem to be “control freaks” Pro Se-Friendly Court
• clients who are unlikely to fulfill their Rules and Procedures
case-related responsibilities, and
Many states have amended their court
• “paralawyers,” who want to tell their attorneys
how to carry out legal tasks.
procedures to make litigation less of a
challenge for self-represented parties. For
If you’re having difficulty arranging for limited-
scope representation, talk to lawyers candidly about example, the New York State Courts’
the reasons for this and do your best to respond to “eTrack System” allows civil litigants to
their concerns. file court papers electronically, sign up for
free reminders about court appearances,
and receive e-mail notifications whenever
RESOURCE a court updates their case file. New York
For further information, visit the has also established a website that contains
American Bar Association website, which has helpful information about legal procedures, a glossary,
information on limited-scope representation. and court forms. Visit www.nycourts.gov/
The address is www.americanbar.org/groups/delivery_
courthelp and click on “Court Forms & Fees.”
legal_services.html.
Fill-in-the-blanks court forms for most
M. Sue Talia, A Client’s Guide to Limited Legal
states are available online. When you visit
Services: A Simple and Practical Guidebook for
Family Law Litigants.
a state court website that has do-it-yourself
Forrest Mosten, Unbundling Legal Services: forms, you may be asked a series of questions
A Guide to Delivering Legal Services a la Carte. about your legal problem. Your answers will
(Mosten is one of the early proponents of unbundled automatically generate the appropriate form
legal services. This book is a helpful resource that with instructions on how to complete it and
reviews limited-scope representation in detail and what to do with it once it’s done. To see
also includes a sample limited-scope client-lawyer the forms available on New York’s self-help
agreement.) website, visit www.nycourts.gov/courthelp
Forrest Mosten and Liz Scully, The Complete and click on “Court Forms & Fees.”
Guide to Mediation (the book includes two chapters
on unbundled mediation services).
16  |  REPRESENT YOURSELF IN COURT
The King County (Washington State)
Superior Court website includes a short video
that demonstrates how judges expect pro se
litigants to conduct themselves in court. To
view the video, visit the website at www.
kingcounty.gov/courts/SuperiorCourt.aspx.
California courts have developed an
extensive online self-help center. The website
www.courts.ca.gov (click on “Self-Help”)
includes various instructions and court forms
organized by type of legal problem, such as
divorce or eviction.
To find self-help websites for your state
court(s), try running an online search for
“[your state] & court self-help.”
Some courthouses are staffed with pro
se advisers that offer free advice to self-
represented litigants. Your local court clerk’s
office should be able to tell you if a pro se
adviser is available onsite.
No matter how pro se-friendly a state’s
rules are, you may still feel like a stranger in
a foreign land. But courts’ increasingly pro
se-friendly systems lessen the risk that you’ll
lose your case because you missed a technical
rule, such as filling out a specific document
or serving paperwork on the other party
correctly.
Online Legal Assistance
A vast array of websites provide legal
information, document preparation services,
and other types of legal assistance online.
Nolo.com is one of the most comprehensive,
do-it-yourself legal websites, and the infor­
mation it provides online is free. Other
websites that offer helpful information to
pro se litigants include:
• LawHelp.org provides state-by-state
links to a variety of legal resources,
including state-specific court forms.
• Alllaw.com provides links to a variety
of legal forms and state and federal legal
resources.
• Consumeradvocates.org (a website
sponsored by a plaintiffs’ attorney
group called the National Association
of Consumer Advocates) provides
information about fraudulent or abusive
business practices.
• Legalhotlines.org provides links to
organizations that provide legal help to
senior citizens.
When lawyers provide substandard
representation, unhappy clients can seek
relief from state disciplinary authorities
and legal malpractice lawsuits. But a pro
se litigant’s ability to fix mistakes made by
online websites and nonlawyer advisers is
much more limited. And the risk of getting
inaccurate information may increase when
pro se litigants communicate with online
businesses in writing, rather than with
lawyers in face-to-face meetings.
For all of these reasons, pro se litigants
must be cautious when relying on infor­
mation offered online or by nonlawyers.
Each case is unique, and the “one size fits all”
type of general information provided by a
website or nonlawyer might be misleading or
inapplicable in the context of a particular case.

Using This Book
This book is very different from other
books written for nonlawyers. It does not
focus on any single area of the law or type
of legal problem but serves as a guide to
courtroom self-representation in any kind of
case. Because of the book’s unique nature,
you may find the following comments and
suggestions helpful.
If Time Permits, Read
Through the Entire Book
This book is designed both to increase your
overall understanding of the litigation process
and to provide detailed advice about each
stage of trial. Unless you are a­ lready in the
midst of trial and need to refer to a particular
chapter immediately, begin preparing to rep-
resent yourself by read­ing through the book
as a whole. As you become familiar with the
litigation process, you will understand the
significance of procedures and techniques that
may initially seem peculiar or unnecessary.
Learning the Lingo
There’s no way to avoid it: If you represent
yourself in court, you’re going to run into a
lot of unfamiliar legal terminology. This book
tries to translate the most common jargon
into plain ­English. For quick refer­ence, check
the glossary at the back of the book. You can
find more plain-language definitions in Nolo’s
online legal dictionary, available for free at
www.nolo.com.
CHAPTER 1 |  GOING IT ALONE IN COURT  |  17
Use This Book in Conjunction
With Local Court Rules
This book can guide you through nearly
every kind of trial in every court system
(state or federal) because the litigation
process is remarkably uniform throughout
all of them. In part, this is because federal
courts and most state courts share a
“common law” heritage—a way of trying
cases that came over from England and
developed along with the country. And, in
part, it is because many local procedures are
consistent with national legal codes (sets of
rules and regulations).
For example, the Federal Rules of
Evidence (often referred to as the FRE)
govern the introduction of evidence in
federal court trials. But about 40 states also
use the FRE in their state court trials. And
even those states that have not formally
adopted the FRE have evidence rules that
are quite similar to them. This means that,
for the most part, trials are conducted in
the same way nationwide. Another set of
federal rules, the Federal Rules of Civil
Procedure (or FRCP) apply similarly to
govern procedural (rather than evidentiary)
rules. Because of this basic uniformity, the
book frequently refers you to s­ pecific rules
that, even if they differ somewhat from your
state’s rules, should help you understand the
basic procedures that will apply to your case.
However, this book cannot serve as a
complete guide to all the rules you need
to know. For one thing, the exact rule
18  |  REPRESENT YOURSELF IN COURT
in your court system may be somewhat
different from the example we give. In
that event, knowing about another similar
rule—either a federal rule or another state’s
rule—can help you locate the rule in your
state. (See Chapter 23 for information on
doing your own legal r­ esearch.) Also, each
court system has its own procedural rules
that, though important, cannot be covered
in this book. For example, local court rules
set time limits for filing various kinds of
documents and page limits on the length of
those documents. You will have to learn and
comply with these local requirements.
Whenever you are concerned about a
specific rule of evidence or procedure, you
should always read your court system’s
specific provision. In ­general, the rule books
you will need to have handy are these:
• Your state’s “Rules of Evidence.” These
rules define the evidence you and your
adversary are allowed to introduce for
a judge or jury to consider. Evidence
rules may be collected in an “Evidence
Code” or a particular “chapter” or
“title” of your state’s laws, or they may
be included in a larger collection of laws
called “Rules of Civil Procedure.”
• Your state’s “Rules of Court.” These are
rules that set the procedures and
deadlines that the courts in a state must
follow. Generally, states have separate
sets of rules for different kinds of courts.
For example, a state may have one set
of rules for its municipal courts (courts
that try cases involving limited amounts
of money), another for its superior courts
(courts that try cases involving higher
amounts of money), and still others for
its appellate courts (courts that review
the decisions of municipal and superior
courts). All the rules may, however,
be published in a single book. Some
states also have separate sets of rules
for specialized courts, such as family
law courts, which hear cases involving
divorce, child custody, and child
support; or probate courts, which hear
cases involving wills and trusts.
• Your court’s “Local Rules.” These are the
rules for a specific courthouse or set
of courthouses in one county that
generally allocate business between
different courtrooms, ­specify where to
file documents, set rules of courtroom
behavior, and the like.
Books containing all of these rules should
be available in a public law library. You may
also want to purchase these books separately
from the Clerk’s Office in the courthouse
in which your case is filed, or from a legal
bookstore, so that you can have them close
at hand for reference as you read through
this book and go to court. You can also
find most court rules on the Internet. The
information in Chapter 23 will help you
start your search.

States Organize Their Trial
Courts Differently
Some states have just one kind of trial court,
which hears all sorts of cases. In Illinois,
for example, circuit courts hear all kinds of
disputes. In other states, by contrast, cases that
involve less than a certain dollar amount may
be tried in one type of court (municipal, city, or
justice court, for example), while larger cases go
to another type of court (superior, county, or
circuit court, for example).
CAUTION
You must follow court rules. Even
though you are not a lawyer, judges will expect
you to know and follow all court rules. If you miss
a deadline, use the wrong kind of paper, or violate
some other rule, you will suffer the consequences
even though you are representing yourself.
For instance, assume that you want to ask for
a jury trial and that your local rule requires a jury
trial request to be made 30 days after the initial
pleadings are filed. If you miss that deadline, you
will not have a jury trial unless you go through a
laborious process to request an extension of time
to file your demand and the judge is willing to make
an exception (but don’t count on it!).
Make a Trial Notebook
We strongly recommend that you prepare a
trial notebook. A trial notebook is a series
CHAPTER 1 |  GOING IT ALONE IN COURT  |  19
of outlines covering matters such as what
you must prove (or, if you are a defendant,
disprove); the evidence you will use to
prove (or disprove) those matters; the topics
you intend to cover on direct and cross-
examination; a list of the names, addresses,
and telephone numbers of your witnesses;
and the e­ xhibits you plan to introduce
into evidence. The notebook serves as your
courtroom manager. You can refer to it to
make sure that you do not overlook evidence
you planned to offer or an argument you
intended to make.
As you read through the chapters
describing the various stages of a trial, you
will find specific sections on how to prepare
related outlines for your trial notebook.
Chapter 18 pulls together suggestions
from earlier chapters and describes how to
organize a trial notebook.
Trying to Settle Your Case
Over 90% of all lawsuits are resolved
without a trial. If you and your adversary
can arrive at a fair resolution without going
to trial, you can save yourself time and
money. By showing you how to prove and
disprove legal claims, this book can help
you arrive at a fair resolution of your dispute
using settlement procedures. For a complete
discussion of settlement, see Chapter 6.
20  |  REPRESENT YOURSELF IN COURT

Alternatives to Trial Arbitration

There are many popular alternatives to trials Arbitration is an alternative to trial that is
that still require you to organize and make often perceived to be quicker and less costly.
your case­—such as hearings, arbitrations, and In arbitration, a privately agreed-to arbitra-
mediation. If you become involved in one or tor, not a judge, rules on the case. There is no
more of them, you can still use this book to jury, procedures before the hearing are more
understand and prepare your arguments. informal, and the arbitrator is not strictly
Here are the typical situations aside from bound by rules of evidence. Arbitrators gener-
a trial in which you may also be representing ally charge by either the full or half day; you
yourself. and your adversary split the arbitrator’s fee.
If you have a legal dispute, you may well
Court Hearings find yourself involved in an arbitration
rather than a trial. One reason is that in
A court hearing is usually a short and
many states, judges have the power to order
narrowly defined proceeding in which you
you and your adversary to arbitrate certain
are not entitled to a jury. A judge conducts
kinds of disputes. Or you may have signed
the hearing and makes a ruling. Depending
an agreement that provides for binding
on the kind of dispute you’re facing, you may
arbitration of all disputes arising under
find yourself in a hearing rather than a trial.
the agreement. For example, if you are an
For example, you’ll probably have a hearing
investor who believes a brokerage house
if you are seeking an increase or a decrease
violated securities laws while handling your
in spousal or child support following your
account, a condominium owner who has filed
divorce or if you need to prove how much
suit against your c­ ondominium association
money you are entitled to after a defendant
for unreasonably restricting your right to
has failed to respond to your claims. This
remodel your unit, or a business­person
book’s advice is as pertinent to hearings as it
who wants to sue for breach of a written
is to trials. Many of the courtroom procedures
contract, you may have agreed in writing (in
and rules of evidence are exactly the same in a
the broker’s agreement, the condominium
hearing as in a trial. And you still must offer
association’s set of rules, or the business
evidence in a way that persuades the judge or
contract) to arbitrate all ­disputes.
hearing officer to rule in your favor.

Consumers have tried to convince courts
to set aside arbitration provisions on the
grounds that they are unconscionable and
deprive them of their day in court. However,
these challenges are not usually successful.
For example, under the Federal Arbitration
Act, arbitration provisions can trump
consumers’ rights to file class action lawsuits.
(AT&T Mobility LLC v. Conception, 131
S.Ct. 1740 (2011).)
Though arbitration proceedings are generally
less formal than trials, most of the principles
­described in this book also apply to arbitration.
As in a trial, you and your adversary present
evidence to the arbitrator through your own
testimony and the testimony of witnesses.
Like a judge, an arbitrator evaluates the
credibility and legal significance of evidence
to decide whether you win or lose the case.
Also, because most arbitrators are lawyers or
retired judges, their actions tend to be strongly
influenced by their legal training. The rules
and procedures they follow generally closely
resemble those used by judges in trials.
RESOURCE
Resources on arbitration. Settle
It Out of Court: How to Resolve Business and
Personal Disputes Using Mediation, Arbitration,
and Negotiation, by Thomas Crowley (John Wiley
& Sons), is a comprehensive guide that includes
strategies for selecting arbitrators and mediators.
CHAPTER 1 |  GOING IT ALONE IN COURT  |  21
Alternative Dispute Resolution: Panacea or
Anathema? by Harry T. Edwards, 99 Harvard Law
Review 668 (1986), is an analysis of the advantages
and disadvantages of arbitration and other dispute
resolution procedures.
Dispute Resolution: Negotiation, Mediation,
and Other Processes, by Stephen B. Goldberg et al.
(Aspen Publishers), is a textbook that sets forth
arbitration principles and methods.
Mediation
Another popular method of resolving
disputes outside of court is mediation, which
is generally less formal and less costly than
arbitration. Mediation is a voluntary process
in which you meet with your adversary in
the company of a neutral third person, the
mediator. The mediator has no power to
impose a solution; rather, the mediator’s
role is to facilitate settlement by clarifying
each party’s position, encouraging cooper­
ation, and suggesting possible solutions.
Professional mediators charge for their
services, typically by the hour. Normally, the
parties split the mediator’s fee.
Even though mediation is informal, to
reach a successful result you will need to show
your adversary that you have strong evidence
to support your legal position—evidence that
is admissible in court should mediation fail.
Otherwise, your adversary may not be willing
to settle the case on terms you think are
fair. This book will help you represent your
position effectively during mediation.
22  |  REPRESENT YOURSELF IN COURT

RESOURCE RESOURCE
Resources on mediation. Mediate, Resources on negotiation. Effective
Don’t Litigate: Strategies for Successful Mediation by Legal Negotiation and Settlement, by Charles Craver
Peter Lovenheim & Lisa Guerin (Nolo), available as (LexisNexis).
an electronic book at www.nolo.com. Effective Approaches to Settlement: A Handbook
Mediation: A Comprehensive Guide to Resolving for Lawyers and Judges, by Wayne Brazel (Pearson).
Conflicts Without Litigation, by Jay Folberg & Alison Getting to Yes: Negotiating Agreement With­
Taylor (Jossey-Bass). out Giving In, by Roger Fisher et al. (Penguin Books)
The Mediation Process: Practical Strategies (considered to be the bible on positional bargaining).
for Resolving Conflict, by Christopher Moore
(Jossey-Bass). Administrative Agency Hearings
A Student’s Guide to Mediation and the Law,
Administrative hearings rather than trials
by Nancy H. Rogers (LexisNexis).
typically result when individuals contest
Divorce Without Court: A Guide to Mediation &
decisions made by government agencies,
Collaborative Divorce, by Katherine E. Stoner (Nolo).
or when government agencies refuse to act
favorably on individuals’ requests. Thanks
Negotiation in part to movies and TV, a popular notion is
that in the U.S., trials are the most common
The most ancient way to settle a dispute is
method of resolving civil disputes. In fact,
negotiation, in which you sit down with your
across the country many more administrative
adversary and try to resolve your differences.
hearings than trials occur.
Whether or not your case goes to trial, you will
Examples of the numerous kinds of
almost certainly find yourself negotiating some
situations in which you will participate in an
or all of the issues that are important to you.
administrative agency hearing rather than a
Against this background, it doesn’t nor-
trial include the following:
mally make sense to interpret your adversary’s
• After you were fired from a job your
offer to “talk settlement” as a sign of weakness.
claim for government unemployment
Nor should you be reluctant to be the one
insurance benefits was denied, and you
to suggest a negotiated settlement. In fact,
ask for a hearing to establish that you
judges, arbitrators, and mediators routinely
are entitled to benefits.
urge adversaries to explore settlement even
• You seek to establish that you are
if previous attempts have failed. It’s a wise
totally disabled after the Social Security
person who never closes the door to a reason-
Administration reduces your disability
able settlement.
payments.

• You are a licensed building contractor
or liquor store owner and challenge the
licensing agency’s decision to suspend or
revoke your license.
• You request a hearing to challenge the
notice from your state’s Department
of Motor Vehicles that your driving
privileges have been suspended.
• The Internal Revenue Service claims
back taxes based on its determination
that you took improper deductions, and
you ask for a hearing to establish that
the deductions were proper.
Administrative law judges (often called
“ALJs”) preside over administrative hearings.
ALJs are typically appointed based on their
expertise concerning the work of a ­particular
agency. Most ALJs are not in fact judges;
some may not even be lawyers. Moreover,
administrative hearings typically take place
in small officelike hearing rooms rather than
in courtrooms, and no juries are present.
Usually, indiv­iduals i­nvolved in administrative
hearings represent them­selves. However,
whereas only lawyers can represent people
in court, agency rules usually allow nonlaw-
yers called “lay r­ epresentatives” to appear on
behalf of individuals in administrative agency
hearings. If you will participate in an admin­
istrative hearing, you may want to prepare
for it by at least conferring with a lay repre-
sentative before the hearing takes place.
If you represent yourself in an admin­
istrative hearing you should be as respect­ful
to the ALJ as you would be to a judge, even
CHAPTER 1 |  GOING IT ALONE IN COURT  |  23
though the former wears a suit and the latter
a robe. Moreover, whether you address your
arguments to a judge or an ALJ, you have the
same need to present a clear and persuasive
case. Make sure you understand the basis
of an agency’s action, or what evidence you
need to produce to uphold your claim. Also,
any witnesses you rely on should attend the
hearing, and you should be ready to support
your claim with documents and records.
If the ALJ rules against you, you typically
can appeal within the agency. If the agency’s
decision is still unfavorable, you have
“exhausted your administrative remedies”
and can go to court and file a pleading
asking a judge to overturn it. However, the
judge who reviews the case will decide it
based on the information you provided at
the hearing. You won’t be able to present new
evidence in court.
Every agency tends to make its own rules
and follow its own unique set of procedures.
Many agencies describe their procedures on
a website. In addition, an agency will furnish
you with its rules as soon as you indicate that
you want to file a claim. Be sure to contact
the agency, ask for a copy of its rules before
initiating a hearing, and follow them. The
federal government and every state has an
Administrative Procedure Act that provides
basic protections in administrative hearings.
You should read the applicable law and make
sure the agency follows it. You can get infor-
mation about these laws from a convenient
database maintained by Florida State Univer-
sity at www.law.fsu.edu/research-center.
24  |  REPRESENT YOURSELF IN COURT
While practices vary widely from state
to state and even among different agencies
within the same state, here are a few
characteristics that administrative hearings
tend to have in common:
• Formal “discovery” (see Chapter 5)
is unavailable. You can examine an
agency’s records, but you cannot depose
agency officials nor submit written
questions that they have to answer
under oath.
• ALJs do not normally have to follow
the rules of evidence that govern court­
room trials. For example, you can offer
hearsay evidence.
• You may be the only person other than
the ALJ who is present at a hearing. In
Social Security hearings, for example,
ALJs typically question claimants,
review any information they submit,
and make decisions, all without any
representative appearing for the agency.
• While ALJs are, of course, supposed to
be fair and impartial, the ALJ who hears
your case will probably be employed by
the agency involved in your case. l
 C H A P T E R

The Courthouse and the Courtroom 2

An Overview of Different Courts..........................................................................................................27
State Courts...............................................................................................................................................27
A Typical Courthouse...................................................................................................................................28
The Clerk’s Office...................................................................................................................................29
The Law Library.......................................................................................................................................30
Courtrooms...............................................................................................................................................30
Other Offices............................................................................................................................................31
The Courtroom Players...............................................................................................................................31
The Judge....................................................................................................................................................31
The Judge’s Court Clerk......................................................................................................................33
Law Clerks..................................................................................................................................................34
The Bailiff....................................................................................................................................................34
The Court Reporter...............................................................................................................................34
Interpreters................................................................................................................................................35
Jurors.............................................................................................................................................................35
Parties...........................................................................................................................................................36
Witnesses....................................................................................................................................................36
Attorneys....................................................................................................................................................36
Spectators...................................................................................................................................................37
The Courtroom and Its Physical Layout...........................................................................................38
Spectator Area.........................................................................................................................................38
Jury Box........................................................................................................................................................38
Jury Room...................................................................................................................................................38
Witness Box...............................................................................................................................................38
Judge’s Bench............................................................................................................................................40
Judge’s Chambers...................................................................................................................................40
Clerk’s Area................................................................................................................................................40
Counsel Table...........................................................................................................................................40
The Well.......................................................................................................................................................40
26  |  REPRESENT YOURSELF IN COURT

Courtroom Rules, Customs, and Etiquette.................................................................................... 41

Dress in Business Attire....................................................................................................................... 41
Be Courteous to Everyone, Especially Court Personnel.................................................... 41
Check In When You Enter the Courtroom.............................................................................. 41
Stay Close Until Your Case Is Called............................................................................................42
Speak to the Judge Respectfully.....................................................................................................42
Don’t Speak Directly to Opposing Counsel.............................................................................43
Find Out About Special Procedures............................................................................................43
Don’t Speak to the Judge About the Case Without Opposing
Counsel Present...................................................................................................................................43
Never Speak to Jurors About the Case Before the Verdict..............................................43
Be Discreet.................................................................................................................................................44
Ask for Help If You Are Treated Badly........................................................................................44
 CHAPTER 2 |  THE COURTHOUSE AND THE COURTROOM  |  27
R
epresenting yourself in court can be
like traveling to a different country.
Courtrooms, like nations, have unique
rules and customs and even a somewhat
different language. Just as with traveling, a
successful courtroom experience depends
on knowing where you want to go, what the
rules are during your journey, and what to
expect when you get to your d ­ estination.
If you think of this book as your “travel
guide” to the world of lawsuits, this chapter is
the part that explains the duties and functions
of the various people you will encounter, the
“lay of the land,” customs and etiquette of the
“natives,” and tips for dealing with them.
An Overview of
Different Courts
Federal courts decide two kind of cases:
cases ­involving federal laws or the U.S.
Constitution, and cases where the parties
are from different states and the amount of
money in dispute is more than $75,000.
In the federal system, there are three levels
of courts:
• district courts, where most trials occur
• courts of appeal, which hear appeals
from the district courts, and
• the U.S. Supreme Court (the highest of
the federal courts), which hears appeals
in a few cases of its choosing.
There are also some specialized courts
within the federal court system, such as tax
and b­ ankruptcy courts.
State Courts
State courts decide all the matters that are
not covered in federal courts. State courts
handle disputes involving state constitutions
and state laws covering a wide variety of
subjects, such as contracts, personal injuries,
and family law. In some situations, either a
state or a federal court can hear a case.
State court systems have a variety of
different names for their courts. Many (but
not all) states have two or more kinds of
trial courts. The lowest-level courts are often
called small claims, municipal, city, justice,
or traffic court—all of which have fairly
tight limits on the types of cases they can
hear. The next level of trial courts, often
called “superior” courts, typically handles
larger civil cases, serious criminal cases, and
most divorce and other domestic cases. In
addition, some states have separate courts
that handle only very specialized types of
cases, such as juvenile or probate courts;
these may be divisions of the general trial
court. Trial courts are where most court
cases begin and end.
The next level of court, in most states, is the
court of appeal, which can review trial court
decisions. And last is the highest state court,
often called the supreme court (in New York,
however, it’s called the “Appellate Division”).
State supreme courts, like the U.S. Supreme
Court, generally choose which cases they will
hear from among the many requests they
receive. They choose cases that deal with
­important legal issues, such as those that
28  |  REPRESENT YOURSELF IN COURT
affect large numbers of people, those that
deal with new or conflicted areas of law, and
those that test the constitutionality of laws.
To “appeal” a case means to go to an
appellate court and ask it to review and
overturn the lower court’s decision. Usually,
you can appeal only if you think the trial
court made a mistake about the law that
affected the outcome of your case. You
cannot appeal just because you don’t think a
judge or a jury made the correct decision. A
trial court is often called the “finder of fact,”
and an appellate court almost always has to
accept the trial court’s factual conclusions as
true. (See Chapter 20 for more on appeals.)
This book only deals with court cases. See
“Civil and Criminal Cases,” in Chapter 1.
RESOURCE
Resources on courts. For more
information, you may want to look at a book on
the U.S. legal system, such as Law and the Courts:
A Handbook About United States Law and Court
Procedures (ABA).
A Typical Courthouse
Before looking inside a courtroom, let’s
consider the courthouse as a whole. A
courthouse is, in essence, a public office
building for judges and their support
personnel. Different courts are often located
­­
in different buildings—for example, the
criminal court may be in a different building
than the civil court.
Inside the main entrance to a courthouse,
you will often find a directory that lists
particular courtrooms or offices. To locate the
room you need, however, you may have to ask
a guard, because courthouse directories tend
not to be user-friendly. They usually don’t
list helpful information such as where you
must go to file legal papers or get information,
and they often don’t say where places such
as the cafeteria or law library are located.
Court personnel assume that lawyers—the
courthouse’s main clientele—know such
things already.
Beefed-Up Security
As you enter some courthouses or court­rooms,
especially in larger metropolitan communities,
you may have to pass through a metal detector.
Like airports, courthouses are now concerned
about people bringing weapons into the
buildings. There may also be a guard on duty.
Because of the metal detectors, there may be
long lines to get into the court­house—especially
between 8 a.m. and 9 a.m. when courts tend
to start their business hours. So, leave plenty of
time. And leave behind any metal or electronic
objects you do not need. Cellphones are banned
in many courthouses, but you may be allowed to
carry a cellphone so long as it’s turned off.
You may feel a little lost or intimidated,
especially on your first trip to court. The
corridors—full of busy lawyers dragging
huge briefcases, jurors roaming in bunches,
 CHAPTER 2 |  THE COURTHOUSE AND THE COURTROOM  |  29
and the occasional armed guard standing
by—can be rather imposing. It may help
to know that you are not the only one
who feels out of place. Because little effort
is ­expended to orient the newcomer, new
lawyers often get lost too. Of course, this
lack of even minimal hospitality tends to hit
self-represented parties a bit harder.
It may help to remember the foreign
country analogy; think of this as a very
strange land where the people have a
different culture and language. Learn their
ways by putting aside any shyness you feel
and asking for help as soon as you need it. If
you don’t understand the answers, just keep
asking. The courthouse is a public building,
supported by your tax dollars; you have the
right not only to be there but also to ask as
many questions as you want.
Try not to get frustrated or angry. At times,
court personnel can appear hostile even when
they don’t mean to be, simply because they
are busy and usually overworked. Also, too
often they assume that everyone who appears
in court is experienced, and they don’t take
the little bit of extra time necessary to orient
people who are representing themselves. With
some patience, you will learn your way around
the courthouse, and soon enough you may
look so much like you know where you are
going that people start asking you for help!
The Clerk’s Office
One of the most important offices in the
courthouse is the Clerk’s Office. It’s often
located on the first or main floor. Typically,
the Clerk’s Office is where documents
relating to all the cases pending or decided
in a courthouse are filed and stored. If
one building houses two or more courts,
such as a small claims and a civil court, or
a federal district and a bankruptcy court,
each court will have its own Clerk’s Office.
That’s because each court has its own filing
and record-keeping procedures. You’ll have
to locate the Clerk’s Office for the court
hearing your case.
CAUTION
Don’t confuse the Clerk’s Office and
a judge’s clerk. Each judge (or courtroom) usually
has an assistant called a clerk. And that clerk may
even have an office. But that is not the same as
the central Clerk’s Office in the courthouse, where
documents are filed and stored. You will likely have
to consult both the general Clerk’s Office and your
judge’s clerk as your case progresses. The duties
of a judge’s clerk are discussed in “The Courtroom
Players,” below.
You will need to go to the Clerk’s Office
when you file legal papers for your case.
You may also deal with the Clerk’s Office to
check court rules and procedures throughout
your case. For example, you will go to the
Clerk’s Office if you need to file documents
such as a pretrial motion (a request for a
court order, discussed in Chapter 7) or to get
a subpoena (a court order to appear in court).
You can also review documents in your
own court file—a master file that typically
includes all documents filed by you or your
opponent or issued by the judge.
30  |  REPRESENT YOURSELF IN COURT

about using the law library in Chapter 23,

Waiting in Line at the Clerk’s Office
but the more comfortable you are there, the
At many Clerk’s Offices, as at the post office easier it will be to use.
or bank, you’ll probably file papers and talk Often, several courthouses rely on one
to clerks over a counter or through a window. central library, and a few states don’t provide
And, also as at the post office, there may be courthouse libraries at all. If you need to
bureaucratic details like rigid hours and different consult some legal research materials and
windows for different services. For example, your courthouse doesn’t have a public law
even if you’ve been waiting patiently in line, library, ask someone at the Clerk’s Office or
the Clerk’s Office may close at lunchtime, or
an attorney you pass in the hallway where
you may belatedly learn that you waited in the
the nearest public law library is located. It
criminal instead of the civil clerk’s line. To avoid
may, for example, be at a nearby law school.
such problems, call ahead for information about
hours and the specific procedures you must
follow to file papers for your civil case. Courtrooms
The most important part of the courthouse
Once you get to the front of the line, be sure
to be polite. The Clerk’s Office personnel can is its courtrooms. We’ll explore the inside
of a typical courtroom in detail in “The
help or hinder you, so it pays to try to get them
on your side. Understand, however, that some Courtroom and Its Physical Layout,” below,
clerks are prejudiced against self-represented but first a few words about the outside.
parties. (A few even post signs warning you Judges usually have their own regular court­
not to ask questions because they don’t
rooms, where they hold trials and other
practice law.) So if you run into someone who is
public hearings, and the judge’s name and a
hostile, you must remain firm and not become
number are usually posted on or next to the
intimidated. You are entitled to the procedural
courtroom door.
informa­tion you need, provided in language that
you can understand. If you don’t get it, ask to seeMost courts prepare a calendar each day,
the supervising clerk. listing the scheduled court hearings, and
post it on or near the door of the courtroom.
And calendars for all courtrooms are usually
posted in or near the Clerk’s Office. A judge
The Law Library may be assigned to different courtrooms
Many courthouses contain law libraries that on different days, and other calendaring
are open to the public. The first day you go to changes may occur, so it is good practice
the courthouse, it may be a good idea to locate to verify the time and place of your court
the law library, find out its hours, and walk hearing both at the Clerk’s Office and at the
through to take a look. You will learn more courtroom.
Another random document with
no related content on Scribd:
 Now, secure a fair sized post or board. Have it nicely planed and
painted, if possible, polished, so it will present a finished
appearance. Take now a hammer and nail and drive one in, at short
distances, at every evil deed mentioned. He told a lie—drive in a
nail. He said a swear word—drive in a nail. He stole a book—drive in
a nail, and so continue this operation until there are fifteen or twenty
nails driven in. "How shall I get rid of my sins?" Let us see. For every
good word said, pull out a nail and continue in this fashion until the
nails are extracted. But good works will not blot out our evil deeds,
for you notice that the nail holes are there. We cannot pull the nail
holes out, the scar of sin is left, The only way the scar can be blotted
out is by the planing off of the board, or filling up the nail holes, or
better still, get a new piece of board. So God must give us a new
heart, and this He will do if we pray "Create in me a new heart, O
God."
 CHAPTER XXIX

"THE BURIED BIBLE"

Objects: A Large Bible; a Daily Newspaper; a Sunday Newspaper; a
Cash Book; Entertainment Program; a Theatrical Window Poster; a
Book of Fashions; a Book of Personal Engagements; a Popular
Work of Fiction; School Books; a Phonograph Catalogue

THE BURIED BIBLE

I
N the Old Testament days we read of the Scriptures or "The Law"
being hidden away under the rubbish of the neglected temple.
There is great danger in these days that we might lose our Bible
in this way also. We so easily and frequently put it aside, neglect it,
and then forget it and often forget where we put it. The cares of this
world and its sinful pleasures are the dust which so often covers our
Bible, and which covers it over to such an extent that we find it is not
even in our thoughts.
In many of our homes, the Bible is out of sight. The children do
not find it open and ever before their eyes. It is a buried book. There
should be a Bible in every room, always kept open, which will speak
in a silent tongue of power "Search me, and in so doing you will find
eternal life." To illustrate the fact that in most homes this is not done,
and that the Bible has been covered with the rubbish of life, secure a
good sized Bible, and before the children assemble, cover it all over
so it is entirely out of sight with, first, a Sunday newspaper, next, a
cash book used in business, next an entertainment program, then a
theatrical window poster folded up, then a fashion plate picture, after
this a book containing your engagements for every night, and late
night affairs; also a popular work of fiction, a pile of school books; a
well worn catalogue of Victor records, and at last a daily newspaper.
When the audience is assembled, explain you will talk to them about
the neglected book of God or the buried Bible. Let us all look and
see what we use to cover up our Bible, and thus put it out of sight.
This pile of stuff on the table covers up the dear word of God, and
prevents us from reading it as we should. The Bible is the world's
greatest medicine chest, and it is lost. The world is in dreadful pain
and we cannot find the medicine. Let us see together what has
covered it up, and search together under the rubbish until we find it.
First lift off the daily newspaper. This is always read first by most
people, and when we have finished reading it, there is no time to
read the Bible, and we are not in a good mental state to grasp its
meaning, so we neglect to read our Bible. We should go to the Holy
Book first, if only to find one verse for the day, for in so doing, we
begin the day with God. But the daily newspaper has hid it out of
sight. Next take up the Victor talking machine catalogue, which
should be much worn by frequent use, and in so doing explain that
one-half the time listening to God speak through His word, as we
give to the popular song and music of the day, our Bibles would be in
as prominent a place as the talking machine. Popular music is good
in its place but when it takes the Bible's place, it is all wrong and out
of its place. Don't hide the Bible back of the talking machine, or you
will lose it some day.
Next, take off the School books. "No time to read the Bible, | have
so many lessons to study." This is often the cry we hear from boys
who attend school. Sometimes the school books are enemies to the
word of God and destroy all taste for the Bible. Often when the boys
and girls have finished their book learning, they have not only no
time for the Bible but no use for it at all. They cast it into the rubbish
and say "The world has outgrown the Bible." So under the books of
the school, they have buried it and called it dead and that is the
reason they buried it. Bright boys and girls should know the Bible is
the king of all books of learning, and the highest crowning wisdom of
all is to know God, that alone is the perfect education. Don't
therefore, hide your Bible under your school books. Now pick from
the rubbish heap—the novel. "I am so interested in reading fiction I
have no time to read the Bible." This is just what the boys and girls
often say. They will sit up all night if possible to see how the story
"turns out." Of course there is no time to read the Bible if this is the
way we spend our reading time and so the Bible once more is
pushed aside by the novel. Reading is a splendid means of mental
culture, and it makes a full man, but the best reading of all is the
Bible. Mix a chapter of the good Book in with your other reading, and
you have a superb mixture. The Bible contains the world's best
literature, and it is more than good literature. Its words are life and
concentrated power. They are bits of radium. They glow with inside
light, they never lose their lustre. Their light is as penetrating as the
X-ray. They shine into the other life. Don't hide the light of the mighty
word with the novel or secular reading of the present day.
Now take from the pile of stuff your book of engagements. Open
it, and discover you have an engagement for every night in the week.
They are social functions. You must go; you will lose your standing
among the "high class" if you don't. Put down among your
engagements this one. I have an engagement of thirty minutes with
my Bible. This is imperative. Keep that engagement with your Bible
as you would keep all other engagements and you will never lose
your Bible under a heap of dates.
At this time take from the heap of rubbish the book of fashion
plates. "Must attend to this book—every month brings me something
new. If I hold my own with 'my set' I must follow the fashion plates to
appear just right." This is burning incense to the Goddess of Vanity,
and this Goddess is not satisfied with a fragment of time, but it
demands full time and it generally gets it. Fashion plates and the
scriptures are impossible mates. They never mix well because they
are not of one blood. So the plate stays and the Bible goes under it.
It is right that we should give attention to our dress and address, and
the way to do this is to seek the Bible way of beauty of dress and
character adornment. To look beautiful we must commence to be
beautiful inside, and at last it will shine forth and transfigure the
outside. Follow the teaching of the Bible and be pure in heart: put on
the robe of Christ's righteousness, and then you will be in heavenly
style and unmatched by anything the wide world can dream of for
personal adornment. Follow the Bible, the world's divine fashion
plate.
 Next remove the theatrical poster. In this day the popular
amusements have gripped the young people with a mad hand. No
time for the Bible. Much time for the show. "What shall I do to amuse
myself" is the cardinal question of this age and every moment
possible is given over to the answer. People grow white in the face in
their excessive seeking to find the latest thrill, and they stay white
until he cold hand of death gets them. Pleasures pure are pleasures
right. At the right hand of God there are pleasures forever more. If
they are right for heaven, they are right for the world, but pleasures
worshipped are always bad for they are tipped with sin and bar the
gates of heaven from the pleasures at the "right hand of God." There
is deep sweet pleasure in the reading of God's word. Sing with
Psalm 103. Whisper Psalm 23 when the night cometh. Read John 14
when the darkness is at hand, and nothing in the wide, wide world
can be compared to the heart pleasure this gives. It puts the soul in
touch with a little bit of heaven. Don't cover up God's great pleasure
garden—the Bible— with a ton of worthless worn out, dried and
faded earthly flowers.
Now take off the cash book. The Bible has often been hidden by
the business ledger,—so often business crowds the Bible out. Hard
work, mental strain, and the fierce fight of the present day business
man gives but short time for the reading of the Bible, and more often
no time at all. Head and nerves are worn out at the end of the day,
and the soul also is worn out with business cares, so the cash box,
the ledger and typewriter have covered up the Bible and it is out of
sight and buried under business activities. It must be remembered in
this day of fever heat and mad rush that a business man must give
his utmost to his trade if he wishes to put it over, but it should also be
remembered that in the soul's great ledger if "A man gains the whole
world" it is reckoned as loss in the Book of God. We can serve God
and read His Book and yet be successful. Mr. John Wanamaker, the
best known citizen, and foremost Christian of the business world of
America, blended the Bible with his great commercial enterprises by
always putting up a Bible verse over his office desk and mixing up its
truth with the trade of the day. He honored God's word and God
honored his trade. He never lost his Bible under his cash register.
 Now remove the bundle of Sunday newspapers. It is because
these are read on Sunday that no time is found to read God's book
on God's day. The newspaper is on the Sunday morning breakfast
table inviting us to spend Sunday with it. No time to read the Bible.
The Sunday Newspapers often contain as many words as the entire
New Testament. We will read the papers first, after that we have no
time or mind for the Book. Very often if all the words we read were
counted they would be more than the words of the four gospels and
yet we have no time to read even a chapter of God's good book. We
mean we have no mind to read it. We have buried it under the
sensational and often nauseous Sunday newspaper. After we lift up
the last paper from the Bible, we exclaim "God's Book—long lost—
now found." Lift the Bible up and say "I will place it next to my heart
and cover it with my love, so shall the Bible not be covered with sin.
'Thy word have I hid in my heart.' May it always thus be covered and
evermore in the battle and strife of life my Bible shall always be first."
A great merchant in the city of Philadelphia, submerged with
business cares and thoughtless about God, said to his little boy one
day he had no time to read the Bible, he was so bothered with bonds
and stocks. His little boy could not understand these big words, and
continued to ask him to read his Bible and be good. One morning the
father came down stairs with a quick step and hurried to his paper to
look over the morning news when the little boy just recovering from a
severe spell of sickness, crept up into his lap and said "Bible first,
Daddy." The father looked into his little pale face and his heart was
touched, his eyes filled with tears, and he said "It shall be as you
say, dear little fellow. God has given you back to me, and I will go
back to my Bible" and he did, and he said it made a great man of
him and a greater merchant also. Let this be your motto "Bible first"
and it will never be buried under the rubbish of the things of this life
again. "The Bible first, Daddy," is the voice of God.
 CHAPTER XXX

THE CHRISTMAS CANDLE

Objects used; A Small Candle; in a Common Candlestick; A
Representation of a Window. This is a Story Object Sermon

THE CHRISTMAS CANDLE

C
HRISTMAS fires and lights are as old as the story of the birth
of Jesus. The earliest form of lighting was the wood fire in the
cave. Around this light the ancients sat and told the stories of
old. Around the fire on the field of the shepherds, sat the ancient
guardians of the sheep, as they read from the holy parchment, of the
"coming ONE" and as they sat watching the dying embers of some
such fire, were startled by flash of heavenly light and heard the
angels' song of the new-born King. That was the first Christmas light.
Ever since that day, whenever the glad Christmas day approaches,
lights, beautiful and cheerful seem to shine out the glad light of the
first Christmas day and so from window on hill top or valley, from tree
and toy room of countless homes, the Christmas candle plays its
happy part in the drama of Merry Christmas. To illustrate this
Christmas candle story, construct a large background like the inside
view of a window, and place a tall candle in front of it. If the window
cannot be erected draw one on a blackboard or sketch one on a
piece of muslin. If there is a small window in the alcove of the pulpit
platform in good sight of the people, use that. Then tell the following
story: A little crippled child, in one of the back alleys of a great city,
wondered what she could do to brighten Christmas day for some one
else. She was too poor to give even "the widow's mite" yet she had a
kindly heart for other children poorer than herself. Her mother, with
tears dropping from her eyes, said "God had not made it possible for
us to do anything for the rest of the world except just to be glad and
they would both try to do that in the name of the little Lord Jesus,
who was once as poor as they." She remembered that in her own
native land, far over the sea, the children of her childhood always put
a lighted candle in the window (here light the candle in front of the
window) which sent out a cheerful light over the snow on Christmas.
They could do that, at least, and with a glad heart they lit the candle
and prayed "God bless the light." From the outside the little glittering
light looked like the star of Bethlehem. The darkness hid the ugly
surroundings of the dilapidated home and it looked supremely
beautiful on the "Night of Nights." A laboring man, hastening by to
the corner saloon, with his wages in his pocket, thinking only of
himself and a night of sin, saw the light in the window. Said he, "It is
Christmas eve" and all about him he saw, hastening to and fro, men
and women bearing Christmas gifts to the loved ones. It had been
many a year since he had made his little ones happy by Christmas
gifts. He had forgotten Christmas was so near until he saw the little
candle in the window. The light held him—a prisoner—It called him
back—back to his childhood days and the happy Christmas time he
had spent in his own home. His father and mother had taught him in
the early days to love God and keep His Commandments. He wiped
away a tear—turned about face as he looked again at the Christmas
candle, and went home. They had a Merry Christmas in that home
that glad day, and the poor little girl's Christmas candle blessed of
God, brought the wayward son back to God, home, and Christmas.
Just across the narrow alley, a window of a room, in which an old
man, worn out with years, trying to sleep, heard the snow beating
against the window pane, arose and looked out at the falling snow.
As he did so, he saw the light in the window across the way. That
reminded him it was again Christmas eve. Not for long years had he
even given it a serious or religious thought. He had lived for self
alone because he was alone. His children had forsaken him; wife
had died long years ago, but somehow this light had "got him" also.
Memories of other years came back and rang the Christmas bells of
long ago. In his thoughts he was back to his childhood day. How
happy those memories made him feel. "Christmas back again" said
he as he looked again at this lone light in the window across the way.
"I'll put one in my window" and he relit the candle he had
extinguished as he slipped into bed. Another window with a candle in
it was shining out until, when midnight came, the dark alley was
aglow with lighted windows. The old man said as he closed his eyes
in slumber, "Tomorrow I will make the day merry for the little mother
and child across the way" and he kept his promise.
A lady of high degree and great wealth, passed by in her car
loaded with Christmas gifts, saw the little girl's Christmas candle in
the window. She stopped at the house, hurried upstairs, there she
saw the poor little girl trying to keep Christmas with one candle. The
good lady's heart was touched by the child's simple faith and
beautiful little deed, left for her toys and little comforts, that the dear
mother and little girl accepted with tears of joy. When Christmas day
came, the sleepers in the alley were awakened by the carol singers
chanting "While shepherds watched their flocks by night." Our little
girl who put her Christmas candle in the window was the happiest
little girl in the great city that day. Yes, and not that day only, but the
good lady, attracted by the candle, became a constant friend, and in
all the coming days helped her to win out in life's battle. So it was
Christmas day every day in that humble home, and the lone
Christmas candle in the window had been a candle blessed by God.
THE END
 Benediction Taps
To be sung at the close of evening meeting
Day has gone
Night has come
Day has gone
Night has come
God is near
God is near
All is well
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