Representing Yourself in Court: What to Expect

Many people go to court without a lawyer. In legal terms, this is called appearing pro se, or representing yourself. In most civil cases, people are allowed to do this. In criminal cases, a person may also represent themselves after they understand the charges and the risks. This guide explains what self-representation generally involves, where the risks are, and where to find information. It does not tell you whether to represent yourself in your situation.

This is general information. Court rules differ by state, by court, and by type of case.

Why people choose to represent themselves

People often go to court alone because a lawyer costs more than they can pay, because the dispute seems small, or because they want to keep expenses down. Some matters are simpler than others. A small claims case or an uncontested divorce may involve fewer steps, and some courts design their forms with non-lawyers in mind.

Cost is a real factor, but it is not the only one. Before deciding, think about how complicated the issue is, how much is at stake, and how much time you can give the case. A lawyer may be able to help with only one part of the matter, which can be another option to consider.

What the court expects from you

A court expects every party to follow the same procedural rules, whether or not they have a lawyer. Self-represented people must meet filing deadlines, serve papers on the other side the way the rules require, pay the filing fee or ask for a fee waiver, attend hearings on time, and follow the judge's orders. Missing a deadline or a hearing can have serious results, including a judgment entered against you without your side being heard.

Courts also have local rules. These can cover formatting, the order of documents, how to request a hearing, and how evidence is exchanged. Read them early. Courts generally apply their rules to self-represented parties in the same way they apply them to lawyers.

The main risks

Representing yourself has real risks. You may not know which legal claims or defenses apply, which evidence matters, or how to object properly during a hearing or trial. The other side may have a lawyer who knows these procedures well. Mistakes in a first filing can be hard to fix later, and some mistakes cannot be undone.

Another risk is emotional. Court is stressful, and it can be hard to stay focused when you are speaking in front of a judge. Writing down your facts, dates, and questions ahead of time can help you stay organized.

Criminal cases are different

In a criminal case, the Sixth Amendment to the U.S. Constitution gives an accused person the right to representation by counsel. A person who cannot afford a lawyer may be entitled to a court-appointed one in many situations. A person can also choose to represent themselves, but a judge will usually want to confirm that the choice is informed and that the person understands the charges and the possible penalties. If you face criminal charges, speak with a lawyer or a public defender before you make that decision.

Civil cases follow different rules. There is generally no guaranteed right to a free lawyer in a civil case, so many people in civil matters are self-represented, and many others look for free or low-cost help.

Federal and state courts

The United States has a federal court system and separate court systems in each state. Federal courts handle cases that involve federal law, such as bankruptcy cases and lawsuits involving the U.S. Constitution. State courts handle most other civil and criminal matters. The USAGov guide to courts explains the main types of courts at the federal, state, and local levels, and the United States Courts website describes how the federal courts work.

Each court has its own forms, fees, and procedures. The first step is to identify which court has authority over your matter, because filing in the wrong court can cost time.

Where to find court information and help

Many courts have a clerk's office and a self-help center or information desk. Staff can usually explain how to file, where forms are kept, and how to find the courtroom for a hearing. They generally cannot tell you what to argue or what your case is worth, because that would be legal advice. Ask them what they can and cannot do.

Other sources include a state court's self-help website, a county law library, and a legal aid organization. Legal aid programs sometimes help with a short consultation or with a limited part of a case. You can read more about free and low-cost options in our legal guides.

Questions to answer before you decide

• What is the next deadline, and which court is the right one?
• What are the possible outcomes, including the least favorable one?
• Which forms are required, and what fees apply?
• What evidence do I have, and how will I present it?
• Could a lawyer help with one part of the case, such as a single hearing or a document review?
• What happens if I miss a deadline or a hearing?

Frequently asked questions

Can a court require me to have a lawyer?

In most individual civil cases, no. Some courts require business entities, such as corporations, to be represented by a lawyer. Check the rules of the court where your case is filed.

Can I hire a lawyer later?

In many cases, yes, at almost any stage. A new lawyer may need time to review the file, and a judge may grant a short delay. Getting help earlier is usually easier than getting it after a deadline has passed.

Do court forms protect my rights?

Forms help you file papers, but they do not explain how the law applies to your situation. Filling out a form correctly does not mean that your claim or defense is strong.

Does representing myself save money?

It can reduce attorney fees. It can also add costs if mistakes lead to delays, extra filings, or an unfavorable result. Compare the total expected cost, not only the lawyer's fee.

Related: Browse guides on legal topics and lawyers in Los Angeles.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.