Difference between revisions of "Defend Yourself in Court"

#*Pro Se litigants are individuals who are a named party in the civil lawsuit or criminal case but are not represented by an attorney. If you are preparing your own defense in a case, you will be known as the pro se defendant.<ref name="rf1">https://www.nycourts.gov/publications/GuideforProSes.pdf</ref>  

#*The plaintiff is a person who files a civil lawsuit (a case for money damages) against another person or business. If you are involved in a civil as opposed to a criminal case (discussed below) the plaintiff is the person(s) suing you. The plaintiff may or may not be represented by an attorney.<ref name="rf2">http://thelawdictionary.org/plaintiff/</ref>  

#*The prosecutor is the attorney that represents the state in a criminal case.<ref name="rf3">http://thelawdictionary.org/prosecutor/</ref>  

#*In a criminal case, a prosecutor presents evidence to the jury to try and prove that a person accused of committing a crime actually did commit the crime. A jury or judge hears all of the evidence and the defense and decides whether the prosecutor presented enough evidence to demonstrate that the accused committed a crime.<ref name="rf4">http://thelawdictionary.org/article/what-is-civil-court/</ref>  

#Familiarize yourself with court rules. Each state court and federal courts have procedural rules that all parties must follow when bringing a case to court. Below is a list of potentially relevant procedural rules and where to locate them.<ref name="rf5">http://www.utd.uscourts.gov/forms/prose_guide.pdf</ref>

#Request an attorney if you are in criminal court. The Sixth Amendment entitles criminal defendants to have an attorney assigned to them if they cannot afford an attorney on their own. If your criminal case carries a potential prison sentence of six or more months, you are entitled to have an attorney appointed to you. If you have the option to have an attorney appointed to you, rather than you defend yourself, you should request an attorney.<ref name="rf6">http://www.nolo.com/legal-encyclopedia/defendants-rights-during-court-trial-29793.html</ref>

#* Once you complete the answer, you will pay a filing fee and serve the other party with your answer. In California, the filing fee for a contract dispute involving $25,000 or less, the fees will range from $180 to $300. To serve the other party, you will have someone that is not a party to the lawsuit give a copy of your answer to the other party.<ref name="rf7">http://www.courts.ca.gov/partners/documents/civ-contractaction.pdf</ref>

#Consider filing a cross-complaint. In addition to filing an answer, you may want to also file a cross-complaint, which is like filing a lawsuit against the person that just sued you. A cross-complaint can only be filed if the claim you are making is related to the lawsuit that has been filed against you. You must file your cross-complaint at the same time you file your answer. If you do not do this, you will waive your ability to raise your claim later.<ref name="rf8">http://www.courts.ca.gov/1322.htm</ref>

#* To file a cross-complaint, find the appropriate form in the same way you found your answer form. A cross-complaint form will usually ask you to state the cause of action and why you think you deserve to have a court rule in your favor.<ref name="rf9">http://www.courts.ca.gov/documents/pldpi002.pdf</ref>

#* For example, if you have been sued for injuries you are alleged to have caused in a car accident, but you also received injuries that you think were the fault of the other party, you can file a cross-complaint alleging that they should be liable for damages as well.<ref name="rf8" />

#** Subpoenas, which are court orders requiring the other party to provide you with certain information.<ref name="rf10">http://www.courts.ca.gov/1093.htm</ref>

#* Your willingness to concede certain issues that are not in dispute.<ref name="rf11">http://www.courts.ca.gov/1323.htm</ref>

#* You can usually find an opposition motion form on your court's website. Fill out the form completely and accurately and attach any necessary documents.<ref name="rf12">http://www.clarkcountynv.gov/Depts/lawlibrary/Documents/Opposition%20to%20Motion%20for%20Summary%20Judgment.pdf</ref>

#* Settling a case can save you time because you will not have to go to trial. Also, coming to an agreement will save you money because you will not have to pay court fees, witness fees, and you will not have to take as much time off of work. Finally, settling before trial will give you more control over the outcome because you will not be leaving the decision up to a judge or jury.<ref name="rf13">http://www.courts.ca.gov/selfhelp-adr.htm</ref>

#* Also, be sure you know the rules of evidence. While no person, attorneys included, no every possible rule out there, you should try and understand the basics so you are ready for court. The rules of evidence dictate how, why, and when evidence can be introduced in court. They are there to make sure the court only gets reliable, relevant, and accurate information.<ref name="rf14">http://www.courts.ca.gov/1094.htm</ref>

#* A Cross-examination of witnesses. The Plaintiff must provide you a list of witnesses before trial and you should prepare to [[Cross Examine|cross examine]] them at trial. During cross-examination, you want to make juries question the believability of witnesses.<ref name="rf15">http://www.azalaw.com/pubs/zavitsanos/D.pdf</ref> When cross-examining witness, it is important to remember the following:

#** If the witness is hostile to your case, then you must highlight their bias so that the jury understands that their testimony may not be completely reliable.<ref name="rf15" />  

#* A presentation of your defense. After the plaintiff is finished putting on their trial, you will have a chance to call witnesses and introduce evidence that supports your position. The plaintiff must prove his or her case in order to win and therefore, the burden is on the plaintiff to present enough evidence to meet legal requirements and convince a jury.<ref name="rf16">http://www.nysd.uscourts.gov/file/forms/representing-yourself-at-trial</ref>  

#* If you have been in jail awaiting your arraignment, you will also have the opportunity to discuss bail options. The judge will generally have the ability to release you on your own recognizance, set bail and send you back to jail until you post the required amount, or refuse to set bail and send you back to jail without the possibility of being released.<ref name="rf17">http://www.courts.ca.gov/1069.htm</ref>

#Request evidence from the prosecutor. After your arraignment, you will exchange information with the prosecution. This process is called discovery. The prosecution is usually required to provide you with certain information to ensure a fair trial and balance the scales because you will inevitably have a harder time finding information that the prosecution might hold. In general, you as the defendant will have to request the information. You should be sure to request any oral or written statements you may have made, your criminal record, any reports, expert witness names and contact information, and you should request to examine any object or document the prosecution might have.<ref name="rf18">https://www.law.cornell.edu/rules/frcrmp/rule_16</ref>

#Attend all required preliminary hearings. In a majority of misdemeanor cases there are very few preliminary hearings, if any. Most of the time a trial date will be set and you will go straight to trial unless you negotiate a plea deal. In most felony cases, you will take part in at least one preliminary hearing before going to trial. At this preliminary hearing the judge will decide if there is enough evidence against you to make you appear in court for a trial. If the judge decides that there is not enough evidence, your case will be dismissed and you will be released. If the judge decides there is enough evidence to make you stand trial, you may be arraigned again and a trial date will be set.<ref name="rf17" />

#* In general, evidence can be suppressed if it was gathered in a way that violated your constitutional rights. For example, a murder weapon cannot be introduced in court if it was found during an illegal search or seizure (i.e., the police did not have a warrant). However, there are a number of exceptions to this rule and if the prosecution can convince the judge that an exception exists, the evidence may still get in.<ref name="rf19">http://criminal.findlaw.com/criminal-procedure/how-to-suppress-evidence.html</ref>

#* By pleading out, you can avoid the time and cost of defending yourself at trial, the risk of a harsh punishment, and the publicity that may come from a trial.<ref name="rf20">http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleabargaining.html</ref>

#Go to trial. The last phase in your criminal process will be the trial. You will be considered innocent until the prosecution proves otherwise, which they will have to do at your trial. Also, during your trial, you will have the right to remain silent and not testify against yourself. If you choose to remain silent, the prosecution will not be able to use it against you. At the beginning of this process, you will have the option of requesting a jury trial or waiving that right and having a judge decide your case.<ref name="rf17" /> Once the trial begins, you will conduct yourself and go through the same tasks as if you were in civil court. This means you will be able to provide an opening statement, cross-examine witnesses, present your defense, object when necessary, and make a closing statement.