While it is generally ill-advised to represent yourself in a court of law, in matters where the damage sought is less than a set minimum of a few thousand dollars (i.e., from a low of $1,500 in Kentucky to a high of $15,000 in Delaware and Georgia), a person can file a claim in small claims court. While you do not have to be a US citizen to file a claim, you do have to be over 18 years of age. If you are younger than 18, you will need a guardian, parent, relative or adult friend to sue on your behalf.

Effectively representing yourself in court requires you to know some fundamental legal concepts, as well as courtroom etiquette. There are many rules and procedures which can trip those who ignore them. And then there is the matter of collecting on the judgment if you win. There is a reason attorneys have to go to school for a minimum of 3 years and pass a rigorous exam before they are allowed to practice law.

While small claims courts of every state have different rules of procedure, there are certain fundamentals which are applicable to all. This article is intended to provide some basic or fundamental principles which may help you. However, this is not an endorsement of Pro Se representation.

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Courtroom Ettiquette

Courtroom etiquette is very important and lets the judge know that you have done your homework and are prepared. Judges are often faced with pro se plaintiffs and/or defendants who are unprepared. This leads to extreme frustration on the part of a judge and may influence his/her rulings. By observing courtroom etiquette, you will set yourself apart.

Prepare yourself.
Set aside sufficient time before your court date to gather any documentation or evidence you may need (receipts, contracts, emails, call-logs, etc.) and organize them in such a manner as to be quickly and easily presented to the court clerk if requested to do so. Also, I would be remiss if I didn’t encourage to visit the courtroom where your trial will take place before your trial — many courthouses are labyrinthine and can be challenging to navigate even under the calmest of circumstances. This will make you familiar with your surroundings and will hear and see how the judge proceeds, as well as be able to observe how other pro se plaintiffs and defendants present their case.

Be early.
If you are late and the judge as already called your case without you being present, s/he may have dismissed the case or entered a default judgment against you if you are the Defendant. Being early also lets you sit back and relax for a while before you have to go before the judge. Most people find that going to court is a nerve-wracking experience. Being comfortable with your surroundings, having heard the judge deal with the parties before you, and having time to catch your breath, will allow you to be relaxed and more coherent when it’s your turn.

Dress appropriately.
This may seem superfluous advice. However, too many times Pro Se individuals show disrespect to the court by dressing inappropriately. While you do not have to wear a suit if you’re a man. The way you dress should convey the message that you take the matter at hand seriously, that you respect the rule of law and the judge. While a suit is recommended for men, a clean pair of trousers (please no jeans), shirt, tie and jacket will do nicely. Remove all head gear (i.e., hat, baseball caps, winter cap, etc.) before you enter the courtroom. Better yet, don’t wear it to court. Please make sure that you socks, shoes, belt and tie all match. For women, a conservative skirt (i.e., no mini-skirts) or pants (i.e., no hot pants, or Capri pants), blouse and jacket will also do nicely. Please no deep décolletage and/or gaudy jewelry. Both men and women should remove their sunglasses while inside the courtroom.

Silence your cellphone/pager.
Leaving them on “vibrate” is not sufficient as they still remain audible, sending a message to the judge that you have more important matters to attend to (and if you do, then why are you there?), and will only serve to distract you. If your cellphone has a "flight mode" setting, use that or simply power off the device.

Children in the courtroom.
If your child is old enough and responsible enough to remain quiet during your visit to court, they are welcome to join you. Younger children should never be left unattended in the courtroom, so please either bring someone with you who you trust to supervise your children or please make other arrangements (e.g. babysitter).

Animals in the courtroom.
Animals are not permitted inside any government building, with the exception of Certified assistance/therapy animals. If your animal companion meets the certification criteria set forth by your state, please bring any and all documentation with you to avoid delays at security checkpoints. Special dispensation may be granted by the court to bring your animal companion into the courtroom if (s)he is a key component of your case, but generally you will have to rely upon photographs and other forms of documentation.

Right place and time.
Please find a spoit in one of the back benches to sit and wait until your case is called by the clerk of the court.

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Courtroom Procedures

Your case will be called by the clerk of the court. You should stand up, state “present” loud enough to be heard by the judge, and approach the judge (also called “approaching the bench”).

Introduce yourself politely, referring to the judge as “Your Honor.” A simple: “Good morning/afternoon your Honor, my name is Joe Public and I am the plaintiff/defendant in this matter”, will do nicely.

Speak loud enough to be heard, and slowly enough to enunciate properly. Remember: One breath; One idea; One sentence.

The judge will ask each side to state their case. The Plaintiff will go first, followed by the Defendant.

Address yourself only to the judge, never to your opponent.

Never interrupt the judge or your opponent. If you are interrupted by your opponent, remain silent and wait until s/he is done before you resume speaking. In the interim, take notes so you can refer to what s/he said in addressing the judge.

When the judge asks you a question, think about it for a second before you answer. Take the time to compose your answer in a manner that addresses the judge’s question directly and presents your position in the most favorable light possible. If you don’t know the answer to a question, say so. Judges will more likely than not be able to tell when you are making it up. They’ve been there and seen it before.

Have all of your evidence (i.e., cancelled check, contract, lease, etc.) properly arranged and ready to be referred to during your trial. Prepare copies of each piece of evidence so that you can hand the original to the court, provide a copy to your opponent, and keep a copy for yourself.

If you are going to have witnesses testify at trial, it is advisable to subpoena them to make sure they are present. If a witness is not present, then you will have to proceed without him/her. The judge will not postpone or reschedule the trial.

Stick to the issues and avoid emotional outburst or words.

If you don’t understand something, ask the judge for an explanation when it’s your turn to speak.

Never roll your eyes, sigh loudly, or make any other gesture and/or sound which shows that you disagree and/or don’t believe your opponent or, worse, disagree with the judge.

The judge may not hesitate to impose severe restrictions if you are disruptive, clearly lacking in knowledge, or engage in improper or abusive practices.

An offer of settlement may be made by the judge or your opponent during the trial. Ask for a moment to think about it before you accept or refuse. Think about the offer without getting your emotions involved. Is it a fair (in a non-emotional sense) offer? If so, take it.

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After the trial

At the end of the trial, the judge will almost always immediately rule for either you or your opponent and enter judgment. Sometimes, however, the judge will want to take additional time to review the evidence or research case law. In which case, the judge will state that (s)he is taking the case “under advisement.” If this happens, you will receive a copy of the judgment in the mail at a later time.

If you win, you now have to collect your award. While a losing defendant may voluntarily pay the judgment, it is possible s/he won’t. If that’s the case, there often are rather complicated processes that you will have to go through in order to turn the court's judgment into cash in hand. If the defendant does not have any property that is subject to collection, you may win a judgment but never collect anything! In fact, many judgments in small claims court are never satisfied. The usual methods of collecting a judgment include execution and wage garnishment.

If you are not happy about the judgment, you can file a written “motion for a new hearing”, which must file within 10 days of the judgment (not the date you received it if it was mailed). You may also appeal to the circuit court. In such a case, an attorney should be consulted (an attorney should be consulted in any event) as the rules and procedures for an appeal can be quite complex. Of course, your opponent may do the same.

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Additional resources

• Nolo’s Everybody’s Guide to Small Claims Court
• Represent yourself in court : how to prepare & try a winning case, by Paul Bergman and Sara J. Berman-Barrett

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