“Can I Just Talk to the Judge?”: What Pro Se Litigants Should Know Before Going To Court
A common mistake pro se litigants (i.e., people representing themselves without a lawyer) make is trying to go back and forth with the judge about their version of the facts at the wrong time and in the wrong way. It often looks like interrupting the judge to clarify what the prosecutor just said or attempting to “go to trial” during a first appearance. But the law is built on rules. Rules give us structure. Structure gives us clarity. And clarity, hopefully, leads to justice.
Hot mics
In the age of Zoom court appearances, the mic is always hot. I’ve seen more than a few upset litigants tell the court exactly how they felt about the process in real time. One judge even ordered a litigant to return to the virtual courtroom and atone for his “sins.” One thing you don’t want to do as a pro se litigant (or even as an attorney) is antagonize the judge. Judges are people too. They have long dockets, high emotions, and mornings without coffee like the rest of us. If you want the opportunity to present your case, do it respectfully, at the appropriate time, and with patience.
Access denied
Sometimes, a party wants to speak with the judge about the case without the opposing party present. It’s called “ex parte” communication, and it’s prohibited. Even the appearance of favoritism can create serious problems: it could get a case thrown out, a lawyer disbarred, or a judge sanctioned or removed from the bench. Judges must avoid even the appearance of impropriety. Talking to them about your case outside the presence of the other party isn’t just improper, it could undermine your entire case.
The appropriate time to speak to the judge about your case is at your court date, in the presence of the opposing party. Even in open court, you must keep your communications brief, respectful, and relevant. There is a time and place to present your argument and a time and place to listen for case updates or further instructions.
Read the room
Avoid detailing your case unless you're asked. Speak when spoken to. Ask questions when permitted. Be organized, clear, and brief. At an initial appearance, answer only the questions you're asked. At a status hearing, give only relevant updates. At trial, follow the procedure. Listen to the court's rulings. If the judge says a topic is irrelevant, don’t bring it up again. Most importantly, don’t try to “play attorney.” You are not expected to know every rule of evidence. But you are expected to be respectful, prepared, and realistic about what you can handle without representation.
Nothing beats a Jet 2 courtroom experience
It may feel like all the burden is on you to get it right, but the system could do more, too. Some judges give a quick primer at the start of their calls, explaining what to expect. That helps. Others don't. And frankly, not every courtroom is welcoming to people without lawyers. My non-legal advice? Be observant. If others are asking questions, you probably can too, within reason. It's always better to ask a basic question than to pretend you understand and come back to court unprepared.
Final thoughts
You got this. Court is intimidating, but it’s not impossible. If you don’t feel confident representing yourself (although I believe in you) please reach out to a local attorney or legal aid organization. The goal isn’t perfection. It’s participation.