Representing Yourself in Court

H0wdy · 01-10-2020 4:27pm #1

Hi I will be representing myself in circuit court family law case relating to a single matter that the other side have re-entered arising from a divorce settlement agreement

I am not looking for legal advice but just wondering in regard to the procedure to follow, can someone direct me to an information resource (i've checked courts.ie and scoured the Internet) or can anyone tell me,

I need to provide 3 sets of documents - do I turn up at court with these, or post them to the court before the hearing or send a copy to the opponent and are there any time limits on submitting docs

Is the opponent solicitor obliged to send me copies of their documents or notify me of the court date?

I've contacted the court office but the admin person there was not much help and just advised me to send in an email which has not been responded to yet

If anyone else has previously represented themselves in court and wouldnt mind me tapping them for a little advice I would be obliged

GeorgeOrwell · 06-10-2020 7:22am

H0wdy wrote: »

I need to provide 3 sets of documents - do I turn up at court with these, or post them to the court before the hearing or send a copy to the opponent and are there any time limits on submitting docs

Is the opponent solicitor obliged to send me copies of their documents or notify me of the court date?

Please get a solicitor. Instruct the solicitor who dealt with your divorce. They will know exactly what is expected of everyone and while it'll cost money, it will massively ease your worries.

If you've received paperwork from the other side or the court about documents, contact FLAC - the free legal advice centre - who can help you.

[Deleted User] · 06-10-2020 9:23am

Your insane if you plan to represent yourself in the circuit court and you need to ask online for fairly basic aspects.

I wouldn't even consider doing it in the district court unless I was going guilty.

auntysally1971 · 23-10-2020 9:37pm

My friend is a barrister, says courts frown on you representing yourself, which makes sense as it makes you look like you think you know better than the legal professionals who studied for years, so you look a bit arrogant...just repeating what I'm told, best of luck

SVI40 · 29-10-2020 2:13pm

auntysally1971 wrote: »

My friend is a barrister, says courts frown on you representing yourself, which makes sense as it makes you look like you think you know better than the legal professionals who studied for years, so you look a bit arrogant...just repeating what I'm told, best of luck

I represented myself on 4 occasions in the Circuit Family court, for the original separation, and subsequent divorce. On each and every occasion, I found the judges to be extremely cognisant of the fact I was a lay litigant. I di not feel anyone was "frowning" down on me.

If I had the monies at the time, I would have gladly retained a solicitor, but I didn't and did not qualify for free legal aid. I had no choice but to represent myself. I was lucky however, that a friend was a barrister, and helped me draft the required papers.

Overall, I found the experience of the courts to be very positive, and supportive.

Sometimes, you just don't have a choice but to go it alone.

Red Hare · 29-10-2020 8:11pm

Howdy, if you are representing yourself do not panic if the other sides documents get lobbed at you on the day or on the few days before that.
Explain to the judge that you just received them and will need time to consider its contents.

In relation to the documents that you are to provide, if you email them and post them ( get a certificate of postage from the post office free of charge) then at court, you can prove that you have done all possible.

In my experience there are mentions and call overs at courts that thrash out preliminary issues before a hearing of the substantial issues takes place. If you are taken by surprise - say it to the judge.

Best wishes to you

Irishphotodesk · 30-10-2020 9:34am

auntysally1971 wrote: »

My friend is a barrister, says courts frown on you representing yourself, which makes sense as it makes you look like you think you know better than the legal professionals who studied for years, so you look a bit arrogant...just repeating what I'm told, best of luck

Your friend may have been projecting their own opinion rather than the entire judiciary.

Most judges that I have witnessed with lay litigants often give them ample opportunity to get their point across and ensure the person understands what the other side are claiming/requesting, of course there is always those cases where the lay litigants are not accepting of the courts opinion or those who are transfixed on minor points expecting that a judge will side with them simply because of the single point, when the judge will take an overall view of the evidence rather than one specific piece of it.

However, in saying all of that, if I ever find myself before a judge, I will seek the expertise of someone who understands the nuances of a courtroom, in some of the lower courts (district court) judges are faced with people who outright lie and portray it as fact and they often don’t have time for lay litigants to weave a web of lies and as such could be viewed as dismissive to those who casually observe the court, maybe your barrister friend is referring to district court cases where a person isn’t legally represented , in higher courts like high court, supreme ct and court of appeal, the judges are more accommodating to those that are not wasting court time.

Irishphotodesk · 30-10-2020 9:54am

H0wdy wrote: »

Hi I will be representing myself in circuit court family law case relating to a single matter that the other side have re-entered arising from a divorce settlement agreement

I am not looking for legal advice but just wondering in regard to the procedure to follow, can someone direct me to an information resource (i've checked courts.ie and scoured the Internet) or can anyone tell me,

I need to provide 3 sets of documents - do I turn up at court with these, or post them to the court before the hearing or send a copy to the opponent and are there any time limits on submitting docs

Is the opponent solicitor obliged to send me copies of their documents or notify me of the court date?

I've contacted the court office but the admin person there was not much help and just advised me to send in an email which has not been responded to yet

If anyone else has previously represented themselves in court and wouldnt mind me tapping them for a little advice I would be obliged

As it is family law, it would be difficult to know the inner workings of procedures etc.

As I understand it, it may be possible for the other side to appear in court and seek changes to an order without notifying you(on an ex-parte basis) and if granted you may be able to challenge the order (and apply to the court to be a notice party to any possible subsequent changes, so you are not sideswiped by an order being granted and possibly enforced before you know it’s happened)

Of course, being family law, if the above is possible, it could/would also allow you to do similar (Go to court, seek changes, give reason etc, but chances are if you are not legally represented the judge may adjourn to allow the other side to be on notice, I think this is rarely reciprocated, it doesn’t show any bias unless you are the person who is loosing out )

In theory if one party turns up the judge should seek an adjournment, but this isn’t always the case and sometimes the court may be told that the other party was notified (and it may be a genuine belief that the other party was notified or it could be a fabrication... it’s impossible to know and the judge would assume that anyone with legal training wouldn’t intentionally mislead the court)

SVI40 · 30-10-2020 3:28pm

Irishphotodesk wrote: »

Your friend may have been projecting their own opinion rather than the entire judiciary.

higher courts like high court, supreme ct and court of appeal, the judges are more accommodating to those that are not wasting court time.

This, is the crux. If you think you are Rumploe of the Bailey, you will not please the judge at all.

Stick to the facts, have all your documentation ready, and most importantly, do not try to pull the wool over a judge's eyes!

bibi_dub · 03-10-2021 10:29pm

Hi I will like to represent myself for divorce proceedings and I would like to know where I could find information step by steps. Thanks

Red Hare · 06-10-2021 6:04pm

https://www.boards.ie/discussion/comment/117972549#Comment_117972549

This is a good place for a step by step instruction in divorce proceedings https://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/divorce_decrees.html

Payton · 06-10-2021 6:57pm

Hi I have represented myself on in the family law court a few times including my divorce and I found the staff to be very obliging if you need advice (each office and court are different). You have a right to be treated equally in the court without legal professionals, If the other side confuses you with legal jargon ask them to explain it to you or the judge will explain it in lay mans terms. You have aright to be heard as a lay person for your case and I found the judges that I have dealt with extremely helpful.

Any documents you post to you spouse you will need Proof of Delivery (Registered) post with the bar code, go online and check the numbers on the bar code on the an post site to see if it was signed for and if so print it out (3 copies)

H0wdy · 07-10-2021 9:04am

The outcome of my case was that the other side took full advantage of the fact I was not represented, the barrister mislead and on at least one occasion outright lied to the court in order to secure costs against me, the Judge asked for no evidence of what they were saying and just accepted it

Red Hare · 07-10-2021 10:17am

That is terrible H0wdy. Can appeal against the Divorce or appeal against the costs?

[Deleted User] · 07-10-2021 11:51am

https://www.boards.ie/discussion/comment/117986857#Comment_117986857

Would you mind telling us how much the costs were and if a lay person is at much of a disadvantage in this setting?

NovemberWren · 14-10-2021 4:11pm

https://www.boards.ie/discussion/comment/114838401#Comment_114838401

"please get a solicitor".. though if Free Legal Aid is granted, in the family law courts (as I understand it), these are quite difficult cases. At the end of these cases of "Free" legal aid, where the solicitor receives his costs - it a copy of those costs sent to the Plaintiff?

Representing Yourself in Court

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