How To Represent Yourself In Court – A Few Tips

Are you involved in a Colorado divorce or family law proceeding involving divorce or dissolution of marriage? An experienced Colorado Springs, divorce attorney can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

This provides practical tips on how to represent yourself at your upcoming trial in Colorado Springs, Colorado. Proceeding without an attorney carries inherent risks, and you must understand the rules, procedures, and practical obligations of navigating a courtroom trial. However, you have the right to represent yourself if you choose. Opening arguments are rare in El Paso County domestic relations cases. However, you may be able to present a closing argument which will be a summary of the evidence that you have admitted and what it demonstrates.

As a self-represented (pro se) litigant, you are bound by the same rules of procedure and evidence that apply to licensed, practicing attorneys in Colorado. Some judges are more lenient than others with pro se parties. Keep in mind that the judge is not your attorney and can not advise you or tell you how to put on your case.

Evidence can be presented through testimony or through documents. Presenting testimony requires understanding the difference between questioning others and testifying yourself. If you intend to call a witness, you must disclose their identity and what they will testify to.

Direct and Cross-Examination: You can testify to tell the court your position. The other party can do so as well. Whoever initiated the action is called the moving party and will generally put on their case first. You can also cross examine the other party and his/her witnesses who testify, which means that you can ask questions of them. The questions that you ask must be related to what they discussed in their testimony and must be relevant to the case.

Evidence and Trial Binders

Courts require a trial binder for the witness to be able to see the evidence and all evidence must be provided in advance to the other party for in person trials. Electronic evidence filed with the court can be used for virtual trials. In El Paso County, courts require that the evidence be filed electronically seven days prior to trial along with a witness and exhibit list and a joint trial management certificate. The certificate is prepared by both parties together and contains their trial positions. If there is an attorney on the other side of the case, that attorney will file the certificate.

To have documents or records admitted into evidence so the judge or jury can consider them, you must establish a proper foundation and prove authenticity: Authentication and Foundation: You must lay a proper foundation for every exhibit. You always have to tell the Judge what the exhibit is. Yu may have to tell the Judge what the evidence is, where you obtained it, when you obtained it and why you obtained it. C.R.E. 901. You can refer to the Colorado Rules of Evidence.

You must actively listen to the opposing party's questions and the witnesses' answers. If the opposing party attempts to introduce evidence or testimony that violates the rules of evidence (such as hearsay or irrelevant information), you must state your objection immediately. You can not object to evidence just because it does not favor you or you do not agree to it. Making objections is not essential for trial purposes absent preventing inadmissible evidence from being admitted, however if you do not you may not preserve a particular issue for appeal. Do not object too often, however decide when an objection is important.

Janko Family Law Observation – Many unrepresented parties do not understand hearsay. It is an out of court statement offered for the truth of the matter asserted and is generally inadmissible without the testimony of the person who made the statement, unless the person making the statement is a party to the action.

Turning Change Into Opportunity in Colorado Springs Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce attorney can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.