|
Ronald W. Nelson PA
~ A Family Law Practice ~
Suite 117; 11900 West 87th
Street Parkway
Lenexa, Kansas 66215-4517
(Kansas City Metropolitan Area)
Telephone: (913) 312-2500 Telecopier: (913) 312-2501
contact at: ron@ronaldnelsonlaw.com
RISKS OF SELF – REPRESENTATION
“A pro se litigant in a civil case is required to
follow the same rules of procedure and evidence which are binding upon a
litigant who is represented by counsel. Our legal system cannot function on
any basis other than equal treatment of all litigants. To have different
rules for different classes of litigants is untenable. A party in civil
litigation cannot expect the trial judge or an attorney for the other party
to advise him or her of the law or court rules, or to see that his or her
case is properly presented to the court." Mangiaracina v.
Gutierrez, 11 Kan.App.2d 594, 595-96, 730 P.2d 1109 (1986).
Risks and Responsibilities of Proceeding
Without
Professional Legal
Representation
--------------------------------------------------------------------------------------
1. Warnings about
using court forms.
·
State laws and court rules can be very
complicated. If you do not follow the rules, procedures and other
requirements, you could lose your case.
·
It is always best to talk to an attorney
about your problem before filing a case or before responding to a case
filed against you. You should also talk to an attorney if you do not know
which form to use, what to write on a court form, or what to do with the
form.
·
Using court forms does not guarantee that
you will get what you want.
·
Carefully read the instructions for each
court form before you fill it out.
·
Be sure you fill out the forms completely
and accurately.
·
When you sign a court form, you are telling
the court that everything you wrote on the form is true and accurate.
·
A judge can penalize (punish) you if you
intentionally provide false information on a court form.
·
It is illegal to sign another person's name
on a court form or other paper filed in court.
·
If you file a court form or other document
at the district court clerk's office, you must always deliver a copy of
that form or paper to the other person or persons involved in the case or
the other person's attorney. You can do this by mail or in person.
·
Always keep a copy of any papers you file at
the district court clerk's office.
2. Judges and court staff cannot give you legal advice.
·
Under state law and rules, judges and court
staff cannot give legal advice. For example, judges and court staff cannot
tell you whether you should file a case, what you should put in your written
documents, or what you should say or ask in court.
Why? Because:
® Judges and court staff must not take sides
in any case. It would be unfair for judges or court staff to give one
person an advantage over another person in a court case.
®
If court staff gives you advice and it turns
out to be wrong, you could lose your case.
3. Court staff cannot:
·
Interpret the meaning of laws or court
decisions.
·
Perform legal research for a person involved
in a court case.
·
Predict the outcome of a case, a paper
filed, or some other action in a case.
·
Recommend whether you should tile a specific
paper.
·
Recommend what words or phrases you should
use in a paper.
·
Recommend persons you should file a lawsuit
against.
·
Recommend types of claims or arguments you
should include in papers or at trial.
·
Recommend how much money you should ask the
court for.
·
Recommend questions you should ask witnesses
or other parties.
·
Recommend ways to present evidence in papers
or at trial.
·
Recommend how to defend against arguments
made by the other party in papers or at trial.
·
Recommend when or whether you should ask to
reschedule a hearing or trial.
·
Recommend when or whether you should agree
to settle a case with the other party.
·
Recommend whether a party should appeal a
judge's decision.
·
Fill out a form for a person involved in a
case.
4. Court staff can provide this kind of help:
·
Provide forms that the Kansas Supreme Court
has approved for helping self-represented court users.
·
Answer questions about where to write in
particular types of information on court forms but not what words to use
when filling out the forms.
·
Define terms commonly used in court.
·
Provide phone numbers for lawyer referral
services.
5.
You cannot
talk to or communicate with the judge about your case unless all parties and
attorneys involved in your case are present:
·
Under this rule, you cannot communicate with
the judge about your case by e-mail or regular mail unless you send copies
of your e-mail or regular mail to the other people involved in your case.
·
Under this rule, you cannot talk with the
judge about your case on the telephone or in person unless all other
parties and attorneys involved in your case are on the phone at the same
time or are in the same room together.
·
This rule is important because it prevents a
person or an attorney from giving information to a judge that the other
side does not know about, which would be unfair to the other side.
·
If you want to give information to the judge
that you think is important for your case, or you want the judge to take
some action related to a ease, you must:
® Put the request in writing; and
® File it in the clerk's office; and
® Provide copies of the same document(s) to the other parties
and attorneys involved in your case.
>>IF YOU ARE
REPRESENTING YOURSELF AT A HEARING OR TRIAL<<
6. Be prepared.
·
Keep your papers organized.
·
Know what evidence you need to prove your
case. if possible, talk with an attorney before you go to court. Ask the
attorney how to present your case, what questions to ask in court, and
other matters.
·
Bring documents and witnesses that will help
prove your claim or defend against the claim.
® Bring at least three copies of every document you want
to use as evidence: one for you, one for the other party, and one for the
judge.
® If a witness refuses to come to court to testify, you can have
the court issue a subpoena (an order to come to court) before the day of
the trial. Make sure to ask the clerk’s office for a subpoena several
days before your hearing.
® Bring “physical evidence.” “Physical
evidence” includes canceled checks, contracts, or invoices, photographs,
and any other documents or things that you think are important to your
case. If you ask for money for damages to an thing, bring the damaged item
or, if that is not possible, bring photographs of the damaged item. If
possible, bring a photograph of the object before it was damaged. It is
also a good idea to bring defective parts, if they are related to the case.
7. Be on time to court.
·
If you are not in the court when your case
is “called” and the other party is present, in the court, the
judge might enter a judgment against you.
·
If neither you nor the other party are on
time, your case might be skipped – or dismissed. You might have to
wait until the very end of the court session that day before your ease is
called again, or you might even have to come back on another day, possibly
a few weeks later.
8. Know and follow court
rules.
·
Judges cannot make exceptions for people who
are not represented by an attorney.
·
If you do not follow the court’s rules
and correct procedures, you could lose your case. Know the court’s
rules!
9. Be courteous and respectful.
·
Make a good impression on the judge. The
best way to act in court is to be courteous and respectful to everyone. A
judge can hold a person "in contempt of court" for bad behavior.
This could result in a fine or time in jail!
·
Wait for your turn to speak. Do not
interrupt the judge or the other party. The judge wants to hear from each
party and each person wants and needs an opportunity to speak without being
interrupted. If you interrupt others in court, the judge will stop you and
instruct you to wait your turn.
·
Turn off your cell phone.
10. Dress appropriately.
·
Courts emphasize civility and good manners.
You should wear an appropriate suit or sport coat, if you have one.
Otherwise, wear nice, clean, casual clothes and shoes. Look your best.
·
Remove your hat or cap while you are in the
courtroom or in the judge's office.
11. Speak loudly and clearly.
·
Many people are nervous when they are in
court and they tend to speak softly. Judges and other parties in your case
need to hear the facts you give correctly.
·
The other party needs to hear you correctly
so he/she can respond appropriately and accurately to your statements.
·
The judge needs to hear you clearly so that
he/she can make a correct ruling.
>>WHAT TO DO
IF YOU CANNOT ATTEND A COURT HEARING<<
12. You must inform the court AS SOON AS POSSIBLE and request
a new hearing date.
·
You must have a very good reason to
reschedule any court hearing.
·
To reschedule a hearing at the last minute,
there must be an emergency.
® You should immediately call the district court clerk's
office where your hearing is scheduled.
® Calmly explain your problem and ask to reschedule the hearing
or trial. Court staff will write down the request and contact the judge.
® The judge will decide whether your reason for changing the
hearing or trial date is serious enough to grant your request. Just because
you ask or need a continuance does not mean the judge will give you one.
® Give the clerk a phone number where you can be contacted that
day.
· If something very important comes up two or more days before
the hearing (that is, there is a death in the family or an accident that
puts you in the hospital), you must send a written request for a new
hearing date and time and file it with the district court clerk and send it
to the other party or attorney.
® Do this as soon as you know you need to reschedule the
hearing.
® Deliver a copy of your request to the other party.
® Also, it's more likely a judge will agree to your request if
you get the other party to sign a written agreement to change the hearing
time or date and include it with your request for a new hearing date.
® The clerk will give your request to a judge. Because judges
are busy, you probably won't get an answer right away.
NOTE:
If you do not show up
for the trial at the time it is scheduled and the other party does show up, the judge may enter a
judgment in favor of the other party.
RONALD W. NELSON PA is a Kansas law firm
focused on cases involving complex marital and non-marital domestic relations
disputes, including separation and divorce, determination of parentage and
associated issues (child custody, parenting time, spousal and child
support) as well as the representation of parents in international and
interstate child abduction and jurisdictional disputes. Trained in
Collaborative Family law, the attorneys at Ronald W. Nelson PA are
Fellows of the American Academy of Matrimonial Lawyers and the
International Academy of Matrimonial Lawyers.
Licensed to practice
law only in the State of Kansas
Services
Forms
|
