Representing Yourself

Pro Se Litigant Information (Civil)

Understanding and making your way through the court process is not easy. It can be frustrating, especially if you handle your own legal representation as a pro se litigant.

There are extensive state and local court rules (pdf). You are expected to follow these rules when you appear before Superior Court.

The information below cannot tell you everything you need to know. It can help you understand some of the basics of representing yourself.

A. You want to start an action against someone else

If you are starting an action, you are the petitioner, plaintiff, or moving party.

1. Before anything can happen in court, you need to fill out paperwork, file your case, and pay a filing fee. 
   • Obtain the correct forms, if they exist, online or purchase them from the Clerk.
   • The first forms you fill out, in ink or typed (no pencils), are a “Summons” along with a “Petition” or a “Summons” along with a “Complaint”. Filing these forms and serving them on the defendant or respondent starts your case.
   • Always remember and keep a record of your case number (for example, 06-2-12345-7).
   • You need to serve the other party through law enforcement, civil process, or an adult other than yourself. You must have a declaration or return of service that shows you served the other party.
   • After you serve the other party, you wait. If the other party does not respond within the required time, you need to obtain a court order stating that the other party is in default. You still need to enter final orders in court that are consistent with the petition or complaint that you filed.
   • If the other party responds in time, then further proceedings, such as motions or trial, are necessary unless you and the other party resolve the case.
   • The Clerk’s Office only takes original documents with original signatures for filing your case or adding to your file. File all original documents at least three days before your court hearing.
2. Bring copies of what you are filing to conform for service, for your personal records, and for bench copies for the judge. Judge’s copies of all affidavits, declarations, briefs, and legal memoranda in both trial and pretrial proceedings must be prepared and delivered to the Court Administrator’s Office at the time of service.
3. Once you give the Clerk any paperwork to file, the Clerk must charge you to make copies from your file. 
4. Documents do not need to be signed in front of the Clerk. You may sign them ahead of time.
5. Fill out all documents and forms clearly, completely, and in ink or typed. Do not use pencils.

B. You want to defend yourself from an action started by someone else

If another party has started an action against you, you are the defendant, respondent, or responding party.

1. Your answer or response to the petition filed against you must be filed in the Clerk’s Office within the time indicated on the summons. Be sure to serve a copy on the opposing party.
2. After you have answered, the other party must notify you of any further proceedings.
3. If you do not answer or respond in a timely manner to a summons, you may be found in default and lose the right to have your side of the case heard by a judge.

C. Terms you need to know

The following terms are important to know.

• Pro se – Refers to people who represent themselves.
• Ex parte – An action done by one party only without notice to the opposing party.
• Litigant – A general term to describe a party, such as a plaintiff or defendant, to a legal action.
• Motion – A written request made by a party to a court for an order granting relief.
• Petition – A formal written application to the court requesting a remedy available under law.
• Order – A direction or command delivered by a court and entered into the court record.
• Summons and Complaint – Two separate documents that go together to start a civil lawsuit.
• Summons and Petition – Two separate documents that go together to start family law cases.
• Note the Matter – To fill out a Note for Hearing document that puts your case on the calendar. This is done with a document, never over the phone.
• Conform – To make a document match the original.
• Calendar (sometimes called a docket) – A list of cases arranged for hearing in court.
• Bench Copies – Copies for the judge of any motions, declarations, or proposed orders before the court for a hearing.

D. What to wear and how to act in court

Court is a respectful and formal setting. You are trying to present, and win, your side of the issue. Dress, speak, and act in a way that shows respect for the court.

1. Wear clean, mended clothing that does not bring undue attention to you.
2. Do not wear hats, caps, shorts, bare midriffs, tank tops, or revealing clothing. Religious attire may be an exception.
3. Do not use cell phones, beepers, or pagers.
4. Speak clearly and respectfully.
5. Get to your point. Do not ramble. Only address matters that the Court is deciding that day.
6. Do not swear, yell, or use improper language.
7. Try to imagine you are the judge and someone is appearing in front of you seeking a favorable decision. Think about how you would want them to act so you can assess the facts fairly and not be distracted.