A Pro Se trial is a trial in which one or both parties are not represented by counsel. Due to various reasons, you may find yourself in a hearing where you do not have an attorney there to represent you. While you did not go to law school and likely do not understand the practice of law, the judge will expect you to act and behave as an attorney. While there are things that could pop up, there are a few things that I think everyone should know if they have to represent themselves in a hearing.

Disclaimer: These pointers are for people who have done everything required to have your trial set. This means that you have successfully filed the divorce, served the other party, filed the proof of service, and scheduled the hearing.

 Wear appropriate clothing

While this seems like an easy point, it is important to talk about if you will be acting on your behalf as an attorney. While you do not have to wear a suit or fancy dress, you should dress right. I've always been told that if you would not wear it to church, do not wear it to Court. While everyone may have different ideas about proper church clothing, that is a start.

 Do not ask the Judge questions

As stated, the judge will treat you like an attorney. There are few things that the Court dislikes more than a pro-litigant asking the Judge how to proceed. When it is time to present your case, you should stand up and start making it.

 Prepare your points beforehand

Every attorney that comes to court for a trial has written out their questions. You should do the same. In a regular divorce, an attorney would ask the Plaintiff the questions to finalize the divorce. In this case, you will be the Plaintiff and the attorney. For your case portion, you do not have to ask yourself the actual questions. You simply need to state your points. A few points that you will have to show are that you live in the county where you filed the case, marriage and separation date, any property or debts that need to be resolved, child custody and child support, and grounds for divorce. Depending on the status of your case, you will need to discuss all the points and make your requests for what you want to do with these points.

For example, if you have children, you need to request how you want custody to be (full custody or joint custody), and you have to prove your point. If you are looking to have full custody, you must state your reasons for wanting to have full custody. Your reasons need to be clear and convincing as to why the Court should deviate from the standard of joint custody.

This has always been the trickier part for a Pro SE litigant. You need to prepare questions to ask the other party. The key here is you must prepare questions for the opposing party that will allow them to answer. At this point, you are asking them questions and not arguing with them. If their answer is something that you believe to be untrue, you can ask a follow-up question or ask for more clarity on the answer but do not argue with them. The best advice is to ask them a yes or no question that will best prove your point. For example, “Isn’t it true that when we were married, I took the children to doctor appointments by myself?” The only real answer is yes or no. If he says ‘no” and you know that is not true, you can follow up with, “How many appointments did you attend?” or “Did you ever take the children by yourself?” or “What is the name of their doctor?” The key is just to ask questions you know the answer to and prepare for follow-ups if they do not answer correctly.

In a trial, you will need witnesses. You must prepare your witnesses with the questions to prove your case. Some points that your witnesses will need to prove are that you are a resident of the county, how long you have been separated, and the reasons for the divorce. The witness can provide proof to any other point you need to prove such as proving that you should have full custody over the other party.

Finally, if you have any exhibits that you need to present to the court, please bring them with you. If you have text messages or pictures on a phone, you will need to print them out. You will not be allowed to show exhibits from your phone. Print them out and bring 3 copies ( 1 for you, 1 for the opposing party, and 1 for the Court).

 Practice

Before you have your hearing, practice asking questions and making your testimony. It does not have to be perfect, but the first time that you go over these points should not be at Court. In many cases, the hearing will be set weeks out, so you will have time to practice. I still practice my questions before every trial. If you are not prepared, the Court will end your hearing and force you to come back at a later time.

If you have any questions regarding those points, please refer to previous blogs or our website, www.arkansaslegal.org, for further information.

AUTHOR: JEFF THOMAS, STAFF ATTORNEY FOR CENTER FOR ARKANSAS LEGAL SERVICES