How is court like

If you or one of your witnesses has filed a declaration in the case, the person's testimony must be the same as what they said in the declaration. You may use written notes or an outline during the hearing.

Stand when the judge enters the courtroom. Listen to the court staff. They may announce other times when you need to stand. When it is your turn to go before the judge: When it is time for your hearing, the clerk or judge will probably read all the cases scheduled for hearing at that time. When they call your name, you must answer. If asked, tell the judge if your case is agreed or a default, or if there will be argument.

When they call your case for hearing, walk to the table or podium for lawyers in front of the judge. Stand facing the judge. The judge will tell you when to speak.

Speak only to the judge. Speak only when it is your turn. Opening and closing statements : You address the judge at both the start and end of the trial. Summarize what you want and why. Be brief. Be clear. Be as specific as you can. Listen carefully. Do not interrupt or speak to the other party, even if they interrupt or speak to you.

Try to appear polite and reasonable. Staying calm even when the other party is rude or lies will impress the judge. You will get your turn to prove the other party wrong. If you need to explain something the other party said, wait your turn or ask to speak again. When you talk to the judge, start by saying "Your Honor.

Use words, phrases and terms you understand. Keep your hands away from your mouth. Control your emotions. Stay calm. Do not ramble. You may have no more than five minutes to speak. Before you work on what you want to say, call the court clerk.

Ask about the time limits for your county. Stick to the facts. Do not talk about issues that do not support your case. Try not to use first names in addressing anyone in the courtroom. Only one person can speak at a time. A court reporter takes down everything said in the courtroom. The reporter can only record one speaker at a time. The judge will ask questions. If you do not understand a question, say so. Do not answer until you fully understand the question. Take your time answering questions.

Give a question as much thought as you need to understand it and come up with your answer. Explain your answer if needed. It is okay to admit that you do not know the answer to a question. If you are stating dates, times and places, be exact. If you cannot be exact, say you are only estimating. Be polite. The other party might object to something.

Do not interrupt until they say why. The judge will let you respond. Then the judge will rule on the objection. Do not speak to the other party during objections. Do not laugh or talk about the case in the hallway or restrooms of the courthouse. The judge, other party or their lawyer or witnesses may see or hear you. When the judge makes a decision: Control your emotions. Do not express gratitude or disagreement. Do not make faces. Stay polite to the judge after the ruling.

Ask the judge if you or the other party should write the court order. The judge will usually not write it. The judge must sign the order for it to become effective. Before leaving court, make sure you know what happens next. Do you come back for another court hearing? Do you do a written legal argument or proposed court order? Do you need to do anything else?

When will the judge make an order? Sometimes orders are written up right away, as you wait. If you cannot afford a lawyer, you may still be able to get one through the legal aid program. Usually your court appearance will be in the community where you were arrested. If you are in jail, the staff will make arrangements to get you to court for your first appearance. If you are not going to be able to get to court, you should have a good reason for not attending, and make sure your lawyer and court worker know.

It is your responsibility to find out your next court date and to be there. If you do not go to court, the judge can have you arrested again. Before going to court, you should meet with your lawyer. This is very important. Your lawyer will look at the evidence and give you advice on how similar cases worked out.

It is a good idea to think seriously about everything your lawyer says so you can make good decisions. If you and your lawyer decided that you should plead guilty, the court will arrange a sentencing appearance so that the judge can sentence you. At a sentencing, the judge will decide if you will be released, and the conditions of your release. If you plead not guilty, your case has to go to trial and the prosecutor has to prove the case beyond a reasonable doubt.

During your trial, you'll probably testify, question witnesses both those who support you and those who support your opponent , and present arguments about why you should win the case. To keep track of the questions you want to ask, the points you want to make in your argument, and the facts you have to prove to win the case, put together a trial notebook.

You can use a simple three-ring binder with tabs for each section. Lawyers spend years learning how to question witnesses, present evidence, and make arguments in court. Before you make your courtroom debut, you should learn the basic procedures and rules of the courtroom and how to prove your case.

You might find some information in the court's local rules, but the information will likely be limited to pretrial evidentiary disclosure. You'll have to look elsewhere for help on presenting your case. Before your case comes up for trial, go down to the courthouse and sit in on a couple of trials involving similar issues.

You'll see how to present your story and your evidence to the judge. This is especially helpful if you want to learn what to expect in a small claims trial. Because of the expedited process, you'll be able to watch several trials within an hour or so. Other trials can take days or weeks to see to completion, so you might want to sit in on portions of several trials throughout the day.

When you know what to expect, you'll be much more relaxed about your trial. A little respect goes a long way in the courtroom, particularly when you are representing yourself. Address the judge as "your honor," not as "Judge Smith" or "Mr. Showing respect for people and procedures in the courtroom will help you gain the respect of the judge, which will make your day in court a more pleasant experience. It can be tough to sit quietly while your opponent, your opponent's lawyer, or—worst of all—the judge makes light of your arguments or implies that you aren't telling the truth.

But no matter how frustrated you get, you shouldn't interrupt—especially not the judge. You'll get a chance to tell your side of the story. Remember, calm people are more believable, so it benefits you to keep your cool. If you find yourself up against a lawyer who won't stop rattling off legal citations or won't let you get a word in edgewise, you'll have to stand up for yourself.

Tell the judge that you are representing yourself without a lawyer because you can't afford or justify the expense and that you'll rely on the judge to apply the correct law and reach the right conclusions.

Many judges will make an effort to keep the proceedings comprehensible to a self-represented party—and will take steps to rein in an opposing lawyer who tries to take unfair advantage. If you're representing yourself in a small claims action, Everybody's Guide to Small Claims Court by attorney Cara O'Neill provides practical advice for every step of the process.

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