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Where am I now? Lawlink > Supreme Court > Publications > Fact Sheet on Self Representation
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Fact Sheet on Self Representation
Do I need to have a Solicitor represent me in Court?
No. People may represent themselves in court. However, our laws and court procedures can be complicated. If you do not have legal training, you might make mistakes that would jeopardise your case. It is a good idea to obtain legal advice ahead of time to ensure that you are doing the right thing. Some lawyers can provide coaching which is way of helping you to help yourself. This is different from and cheaper than hiring a lawyer to represent you.
Can I bring a friend to support me?
You will need to ask the permission from the judge hearing your matter, if you can have a friend sit with you to assist you in presenting your case to the court.
Where can I find information on NSW laws and Supreme Court rules?
A copy of the Supreme Court Rules can be obtained from the Supreme Court website (/lawlink/supreme_court/ll_sc.nsf/pages/SCO_procedures).
In some circumstances you might have to examine decisions by the Supreme Court or Court of Appeals to see how these courts have interpreted the laws and rules. The official published judgments issued after June 1999, of both courts can be found on the website. This collection and other legal research material can also be found in law libraries including the State Law Library.
Supreme Court judgments can be downloaded from the Caselaw website
Information can also be obtained from the following sources:
It can be difficult to know and understand all the laws and procedures that might apply in a particular case and it may be beneficial to consult a solicitor.
How should I go about representing myself?
When you are in court you are trying to persuade a judge or jury that you are right. The following outlines some tips on conduct and procedure.
Be prepared. Know what evidence you need to prove your case. If possible, consult with a Solicitor before you come to court to obtain advice on how to present your case, what questions to ask, and other matters.
Bring to court all relevant documents, including any physical evidence and witnesses that will help prove your claim or defend against the claim. You need to bring at least 3 copies of documents (1 for you, 1 for the other party, 1 for the judge.)
If a witness refuses to testify, you can subpoena them to attend, (order them to come to court). Make sure you give at least 5 clear days in advance of your hearing date if you are issuing a subpoena to give evidence.
Be on time. The court has a very busy daily schedule. If you are not in court when your case is called, and the other party is present, you might have a default judgment entered against you or the case may be dismissed. If neither party is on time, your case might be stood down in the list and you might have to wait until the very end of the court session before your case is called again. You might even have to come back on another day.
Structure your arguments in a logical way and follow all rules of procedure appropriate for your case.
Speak slowly and clearly in court. Listen carefully to the questions you are asked in court. If you do not understand something or did not hear the question ask the judge to repeat or rephrase it for you.
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 interruption. If you interrupt others in court, the judge will stop you and instruct you to wait your turn.
Speak loudly and clearly so everyone in the courtroom can hear you. The judge needs to properly assess the facts you are putting forward, and the other party needs to respond accurately to your statements.
Remember to turn off any mobile phone or pagers etc when you are in the courtroom.
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