Representing yourself in Court - Protocol

barman linen

I am representing myself soon in the Family Law section of the District on a variation to a maintenance order and was wondering a few things about protocol. I cant afford to use a solicitor and my ex is representing herself as well.

How do I address the Judge....'Your Honour'.....'My Lord'....too many TV images going through from UK or US TV.

On the day I believe you have to identify yourself almost at an attendance list/hearing and the later section is 'in camera' ?

Can I interrupt to correct matters or should I only speak when spoken to or invited ?

Does my ex have to share her documents ( income / expenses ) in advance ?

I expect my ex to raise issues about assets already split - can I ask the judge to focus only on the maintenance issue as that is why we are there ?

Any other tips or advice ( not legal advice ) greatly appreciated.....

ResearchWill

barman linen wrote: »

I am representing myself soon in the Family Law section of the District on a variation to a maintenance order and was wondering a few things about protocol. I cant afford to use a solicitor and my ex is representing herself as well.

How do I address the Judge....'Your Honour'.....'My Lord'....too many TV images going through from UK or US TV.

On the day I believe you have to identify yourself almost at an attendance list/hearing and the later section is 'in camera' ?

Can I interrupt to correct matters or should I only speak when spoken to or invited ?

Does my ex have to share her documents ( income / expenses ) in advance ?

I expect my ex to raise issues about assets already split - can I ask the judge to focus only on the maintenance issue as that is why we are there ?

Any other tips or advice ( not legal advice ) greatly appreciated.....

If you can not afford a solicitor why have you or your wife not requested legal aid.

To your points in the DC the judge is exactly that "Judge". At the call over you identify yourselt as a lay litigant as should your ex, the court may then deal with you first or as the cases are called or the court may even put you to the end as lay litigant cases are usually slower. I think all the rest would be giving legal advice which would be against forum charter.

barman linen

ResearchWill wrote: »

If you can not afford a solicitor why have you or your wife not requested legal aid.

To your points in the DC the judge is exactly that "Judge". At the call over you identify yourselt as a lay litigant as should your ex, the court may then deal with you first or as the cases are called or the court may even put you to the end as lay litigant cases are usually slower. I think all the rest would be giving legal advice which would be against forum charter.

My income is above the threshold for legal aid and it all goes on maintenance and debt repayment. For the initial order I paid almost 2000 euro to arrive at exactly the situation I proposed to my ex wife ( who did have legal aid ) - that is what I cant afford.

Procrastastudy

For the District Court you could try alternating between Your Holiness and Your Excellency... joking aside its Judge and try not to interupt. This "Objection!" thing is non-sense. That said you need to get yourself organised so you can put your point across in one or two goes - it's not a back and fourth.

You should really get yourself down to a FLAC centre if you can;t afford a solicitor. www.flac.ie

johnfás

It's Judge in every court not presided over by a pedant. Agree with the above, get down to you're local FLAC centre. They regularly give a little advice on how to proceed in the courts by yourself or have a quick glance over documents.

singlemumof1

represented myself last week. make sure to have 3 copies of all ur documents. 1 for u, judge and other party. judge will go down through both statements of means so be as specific as u can. don't try to hide anything. have copies of credit union loan statements, mortgage statements, shopping receipts, bills etc.

in dublin the list is called over initially. will be called by number and both party initials. if no agreement was reached before u attended court u will b asked to wait to be called. (waiting room on ground floor)

my advice is to have all your documents prepared. don't try to hide anything. be as honest as u can and good luck.

Joe10000

I have represented myself 3 times now in court and it's not as daunting as I initially thought. Do not call the judge your honour, big no no, he is judge as in wanderly wagon.

You won't have to try to drive the judge towards or away from any issue, he/she will know the crux of the thing and want to get it resolved quickly.

You will probably be sitting in the benches, when you want to say something stand up, try standing and talking at the same time and see how the judge reacts.

You should bring 3 copies of all documents and expect the other side to do the same.

There is plenty of procedure and protocol and every judge is different but if you address them correctly, respect the court and are genuine then the judge will help you along through the rest.

benway

johnfás wrote: »

It's Judge in every court not presided over by a pedant.

Any judge objecting to being addressed as such would not only be pedantic, but also plain wrong - the rules of all Irish courts specify this as the correct mode of address.

OP, I wouldn't stress unduly, it's standard for parties to represent themselves in the Family lists, the judge will give you every opportunity to make your case - as a previous poster said, stand when you speak, make sure you have your papers in order, and have sufficient copies, particularly of anything that's uniquely coming from your side.

Can I interrupt to correct matters or should I only speak when spoken to or invited ?

Best not to interrupt, just keep notes of the points you want to take issue with, and raise them once the other side has finished, or if you're directed by the judge.

Biggest mistake I've seen lay litigants make is to get abrasive and argumentative with the judge when they get the feeling that things aren't going their way - you won't do yourself any favours going about it like that. I've heard judges being described as being like an oil tanker coming at you - you won't make much of a difference tackling them head on, but a subtle nudge can make a huge difference to the final outcome.

johnnyskeleton

benway wrote: »

Any judge objecting to being addressed as such would not only be pedantic, but also plain wrong - the rules of all Irish courts specify this as the correct mode of address.

Except the presidents, Chief Justice and any proceedings as gaeilge. Or just "the Court". Or, in the Supreme Court or divisional High Court, Mr/Ms Justice X.

benway

johnnyskeleton wrote: »

Except the presidents, Chief Justice and any proceedings as gaeilge. Or just "the Court". Or, in the Supreme Court or divisional High Court, Mr/Ms Justice X.

Touché, my bad.

creepyc1

Hi there, I am an independent radio producer hoping to make a programme about people who decide to represent themselves in court. If anyone has gone through / is going through this experience and would like to talk about it (anon if necessary) please get in contact. Thanks

234

johnnyskeleton wrote: »

Or, in the Supreme Court or divisional High Court, Mr/Ms Justice X.

But only when refering to them in the third person.

Joe10000

creepyc1 wrote: »

Hi there, I am an independent radio producer hoping to make a programme about people who decide to represent themselves in court. If anyone has gone through / is going through this experience and would like to talk about it (anon if necessary) please get in contact. Thanks

I am happy to talk to you but my cases were far from exciting....

barrymon

Have just represented myself in the High Court, defendant at a family law appeals hearing, while she had legal aid- the whole process from District Court through to High Court needs to be highlighted and I would love the platform to do so!

Strong arm

I would echo comments made above - ' Judge' is fine in the District Court , be prepared , be respectful, do not lose your temper with the judge or your ex. It is always a good idea to wear a suit if you can.

Keep eye contact with the judge while speaking and speak clearly. The judge will go through both statements of means , both parties are expected to 'vouch' their statement so make sure you can back up your financial position, ESP if you are the one looking to vary the Order. Try not to interrupt but if you must, stand up and WAIT until the Judge is finished and indicated you may speak.

Strong arm

I would echo comments made above - ' Judge' is fine in the District Court , be prepared , be respectful, do not lose your temper with the judge or your ex. It is always a good idea to wear a suit if you can.

Keep eye contact with the judge while speaking and speak clearly. The judge will go through both statements of means , both parties are expected to 'vouch' their statement so make sure you can back up your financial position, ESP if you are the one looking to vary the Order. Try not to interrupt but if you must, stand up and WAIT until the Judge is finished and indicated you may speak.

Tom Young

Stand up when addressing the Court, or being addressed from the bench.

tom1984

creepyc1 wrote: »

Hi there, I am an independent radio producer hoping to make a programme about people who decide to represent themselves in court. If anyone has gone through / is going through this experience and would like to talk about it (anon if necessary) please get in contact. Thanks

im my name is tom im from laois have been going through the courts for the past 4 years I have been representent my self for the past 3 and im still learning and its very hard I have even been up in court today, the big problem in Ireland is fathers don't have enough rights over here its not like England ya might be on the birth cert but it means nothing realy ,

jonniepster

Would be interested to know about representing yourself in court recently as these posts are from 2012/2013....