Many people attend court without a solicitor or barrister representing them. Some choose to represent themselves, while others do so because obtaining legal representation may not be financially possible.
In civil and family proceedings, someone representing themselves is commonly known as a litigant in person.
Attending court can feel unfamiliar, particularly if you have never been involved in legal proceedings before. Understanding what to expect and preparing appropriately can help you approach the experience with greater confidence.
Understanding the Challenges
Court proceedings involve rules, procedures, deadlines and documentation that vary depending on the nature of the case.
Individuals representing themselves are generally expected to comply with the applicable court rules and directions, even without previous legal experience.
Preparing documents, managing correspondence and understanding court requirements can therefore present significant challenges.
The Importance of Preparation
Preparation is an important part of attending court. Depending on the nature of the proceedings, you may need applications, witness statements, hearing bundles or other supporting documents.
Requirements vary between courts and proceedings. Properly prepared and organised documentation can help avoid unnecessary difficulties and delays.
Attending Court: What to Expect
Arriving at Court
Plan to arrive at least 30 minutes before your hearing, unless the court has instructed otherwise. Allow sufficient time for security checks, locating the correct courtroom and speaking with court staff if necessary.
Dressing Appropriately
There is generally no requirement to wear a suit, but you should dress neatly and respectfully. Smart, comfortable clothing appropriate for a formal setting is advisable.
Addressing the Judge
The correct form of address depends on the court and the judicial officer hearing your case.
Common examples include:
- District Judges: Judge
- Circuit Judges: Your Honour
- Magistrates: Your Worship, Sir or Madam
- High Court Judges: My Lord or My Lady
If you are uncertain about the appropriate form of address, you can ask the court staff before the hearing. During proceedings, remain polite, listen carefully and avoid interrupting the judge or other parties. If you do not understand something, you can respectfully ask for clarification.
Can Someone Assist You in Court?
Depending on the nature of the proceedings, individuals representing themselves may be able to receive assistance from a McKenzie Friend.
A McKenzie Friend can provide practical support, including helping with documents, taking notes and offering quiet guidance during hearings.
In civil and family proceedings, individuals ordinarily have a right to reasonable assistance from a McKenzie Friend, although the court may restrict or refuse it. In criminal proceedings, the court's permission is required.
A McKenzie Friend does not automatically have the right to address the court, examine witnesses or conduct litigation on your behalf.
How We Can Help
We provide practical assistance to individuals representing themselves in court, including preparation of legal documents, court bundles, forms and applications, formal correspondence and McKenzie Friend support where permitted.
Whether you are preparing for an upcoming hearing, dealing with court paperwork or seeking assistance with organising your documents, we can discuss your requirements and the support available.
Contact us to discuss your matter and request a quotation. Your initial telephone consultation is free.
