Yes, there are "do it yourself" Courts, meaning cases where people usually represent themselves, instead of having an attorney.
People always have the right to handle their own cases, and the most common cases for self-representation — or "do-it-yourself" — are small-claims and landlord-tenant-eviction proceedings. These are filed in city or justice courts.
Of course, you can have a lawyer represent you; however, in civil cases, most times a person will have to pay for the attorney.
There is generally not the right to have a non-lawyer handle your case in court. If a non-lawyer appears to represent you, the judge can't allow it, even if that person has your power of attorney. In fact, there have been cases where a non-lawyer under those circumstances has been charged with practicing law without a license.
Representing yourself may make sense financially, but to be successful, it is important to learn the rules and responsibilities involved in bringing a case to court or defending one brought against you.
A great deal of information about requirements for small-claims and landlord-tenant cases can be found on the Plattsburgh City Court website at www.nycourts.gov/courts/4jd/plattsburgh_city/index.shtml.
There are fill-in-the-blank forms you can print out and instructions for using them. There are also do-it-yourself forms for landlords and tenants at www.nycourts.gov/CourtHelp.
It is important to read the instructions because you will be responsible for doing the papers correctly. The court staff is not allowed to give any advice or suggestions, nor can it help fill out the forms. These strict rules apply to all of the courts in the state. The most that the court clerks can do is give you the small-claims booklet and the websites.
Learning the procedures is one part; preparing your case is the other. When people go to court, it means they were not able to resolve the case themselves. Sometimes, the two sides won't even talk to each other; other times, they have talked but do not agree. So, one side sues the other to have the judge decide. Each side believes it is right and sees no way to resolve the issue.
Sometimes the cases end up in court because one person, or both, feels betrayed by the other. They are hurt and angry, and that shows in how they tell their story in court, sometimes damaging their credibility.
To persuade the judge to rule in your favor, there must be more than your feeling that you were wronged; there must be proof.
The person suing has "the burden of proof." That is, in order to win, the person who brought the case has the responsibility to bring proof sufficient to convince the judge of their position.
If the two parties tell their stories without any additional proof or witnesses, they may "cancel each other out," resulting in the judge ruling that the plaintiff "did not carry the burden" and dismissing the case.
Both sides will have the opportunity to present their cases. Although strict rules of evidence do not apply in these cases, there still has to be credible, non-hearsay testimony. Therefore, one or more people with first-hand knowledge — which could be you or a witness — must testify under oath.
The judge can consider only testimony that is given in court. The judge cannot make phone calls or read letters or even affidavits — the witness must be live and in-person in front of the judge.
The only exception is that, in a small claim for repairs, you can prove the amount of damage by bringing the bill you paid, or two repair estimates.
Other relevant documents, like a written contract or lease and photographs are very helpful to the judge.
Therefore, it is important to prepare ahead of time. Have your documents organized and ready.
If you have a witness who supports your case, it is very valuable to have that witness in court, available to testify. You can request the judge to issue a subpoena for your witness.
The best way to make the most of "your day in court" is to be proactive ahead of time by learning the rules and having your evidence ready.
Penny Clute has been an attorney since 1973. She was the Clinton County district attorney from 1989 through 2001, then Plattsburgh City Court judge until she retired in January 2012.
