GOING TO COURT ON YOUR OWN

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Slide 1:

Going to court on your own? What you need to know.

Slide 2:

Look for legal help first.

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It is a good idea to find a lawyer if you can. Here are ways to look for help. Go to www.lawhelp.org/LA to look for programs that offer free legal help. To apply for free legal aid or low-cost lawyer referral services call the Louisiana Civil Justice Center hotline at (504) 355-0970 or (800) 310-7029.

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If you can’t find a lawyer or work things out here are tips to help you.

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No lawyer? What to expect. You have the right to represent yourself. There is information to help you, so seek that out.

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Judges and court staff cannot give you legal advice. You must follow court rules like everybody else. Do not expect special treatment just because you do not have a lawyer.

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Breaking the rules may keep you from winning even if you have a good case. The court could punish or fine you. If you lose you may be ordered to pay the other side’s costs and fees.

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Things to do before you show up in court or file court papers.

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If you are delivered or served with court papers, read these papers right away! Keep them! Mark down dates when you have to go to court or file papers in court. There can be more than one court date in a case. Read everything and mark down all dates!

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Write down names, addresses, phone numbers and details about people and events in your case. Copy and put in order important papers about your legal problem. Keep original papers and documents safe and bring them to court with your copies. You may need extra copies for the court or the other side of the case.

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Example: for a landlord problem, get your lease, rent receipts/money orders /cancelled checks, and other papers.

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Find out about the law and court rules. The rules for all Louisiana state courts are posted on www.lasc.org , the site of the Louisiana Supreme Court. Click on “Court Rules” at the top of the home page.  For information about basic Louisiana legal issues, see www.lawhelp.org/la . Your public library may have law books and computers. See if there is a library at your local courthouse or law school.

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If there is a pending court case, see the papers in the court’s record. Ask a court clerk for help with this. Try to sit in on other court cases to get a feel for what going to court is like. See tips for how to dress and act. If you have children, check with the court before your court date to find out if the court will let you bring your children. You may need to find someone to take care of your children on your court date.

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Get court papers ready to file.

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Writing court papers is hard to do. There may be a form for your issue. Check the library, courthouse or www.lawhelp.org/la .

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It costs money to file most court papers . Find out if you need to pay to file papers in court.

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If you do not have money to file court papers, you can ask for a court order to let you file papers without paying in advance. To get this order, you need to file something called an “In Forma Pauperis” form, or “IFP” for short.  There is a form you can fill out and print online on the site of the Supreme Court of Louisiana: http://www.lasc.org/rules/dist.ct/COURTRULESAPPENDIX8.0.pdf

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What to do at court.

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What Should I Wear? Dress as if you care about your case and the court. Look tidy and neat. Do not wear flashy or skimpy clothes. It is a bad idea to go to court in flip flops, shorts, tank tops, curlers, or very casual items. Tell court staff if you do not own proper shoes or clothes and must wear what you own.

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Many courts have security guards and scanners. Do not carry knives, guns or other weapons. Call ahead of time to see if you can carry in your cell phone.

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Get to court as early as you can – at least 30 minutes to one hour early. You need extra time to file papers before court starts that day. Courts are busy and there may be lines. If you are late, the judge could decide your case without you, throw out your case, or take other action against you. How early should I get to court?

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How do I find the courtroom? Check with court staff. Your court papers should say which judge or division/section has your case. One judge sometimes fills in for another.

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In the courtroom, check in with the judge’s clerk, deputy, bailiff or helper. This lets the court know you are there and to see if you have the right room. If you cannot walk, hear, see, read, or if you have another special need, let court staff know. If you do not read, write or speak English, let court workers know before your court date, if you have time. You may ask for a free interpreter, someone who speaks the same language as you do. If there is no time, let court workers know as soon as you get to court.

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What do I bring with me? Bring court papers you need to file and the correct number of copies. Remember your other papers and copies you may need for the court, your records, or the other side. You may need your picture ID for security. If you were served with court papers, bring these papers!  Bring a pen/pencil and paper to take notes.

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What about witnesses? Witnesses can testify about facts to help tell your story. They should personally know these facts. They should dress and act properly for court and arrive in plenty of time.

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How long do I have to wait in court? Even if there is a schedule or list of cases, the judge may hear cases in a different order. Your wait may be short or it may be all day.

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What do I do in the courtroom?

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When allowed in the courtroom, take a seat. Everyone stands when the judge comes in. Sit when told to do so by the judge or staff. If no one says anything, sit when the judge sits down.

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Do not talk, chew gum, eat, drink, read the paper, listen to music, or do anything distracting. Children must be quiet too. Many courts do not allow children in court. Again, check with the court before your court date.

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Wait for your case to be called. Say “your honor” when talking to the judge. Do not talk when the judge is talking. Legal problems are upsetting. Try to sound calm when you talk. Do not curse or use sloppy language. Speak to the judge and not to the other side or that side’s lawyer. Both sides should get a chance to talk. Do not talk when the person on the other side or a lawyer is talking. Take any notes you need. This helps you respond to the other side’s story.

Slide 31:

Sometimes the judge rules on the spot. The judge may decide later. Before you leave the courthouse make sure you know if the judge ruled. Get a copy of any Judgment, ruling or order. If you win, the judge may ask you to prepare a paper called a “Judgment.” See if the court has a form or sample, and say you do not have a lawyer. Make sure the clerk’s office has your correct address. The court may need to send you something by mail or serve you with papers later on.

Slide 32:

After Your Day in Court The judge must rule on the case based on the law and the facts, even if this looks unfair. If you win, congratulations!  Get a “certified” copy of your Judgment and keep this safe for your records. Even if you win a money judgment it may be very hard to collect the money. If you lose you may be able to challenge a judge’s ruling or try to get it undone.  It can be hard to fight a court decision without a lawyer. Try to get a lawyer right away. There are strict time limits to challenge or appeal.

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Southeast Louisiana Legal Services www.slls.org Free legal information for low-income people: www.lawhelp.org/la Resources for Louisiana’s public interest and pro bono advocates: www.probono.net/la Thank you for watching this presentation.

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