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Overview
If you decide to go to court without a lawyer, you’ll be expected to do all the things a lawyer would usually do.
What you'll be expected to do
You’ll have to:
- correctly prepare and file your documents with the court
- arrange for someone else to serve applications on the other people involved in your case (in cases where the court does not serve applications for you)
- present your case to the judge
- cross-examine witnesses.
You may find it hard to represent yourself against your ex-partner or other whānau members. You’ll need to stay calm in the court room and be polite to the judge, court staff, and other parties.
Courtroom rules
There are some rules for the courtroom that everyone must follow.
- children can’t attend
- mobile phones aren’t allowed to be turned on in court
- hats, sunglasses, or gang symbols can’t be worn in court
- you must address the judge as Judge, Your Honour, Sir or Ma’am.
Documents for the court
Any documents you file in court must be written clearly (preferably typed) and served to all the other people involved with the case.
Only under very special circumstances will you be able to give new information to the judge on the day of the court hearing. It’s important that your affidavit matches what you’ll say in the courtroom.
An affidavit must be set out in numbered paragraphs. It must also be sworn or affirmed in front of an approved witness. All exhibits need to be attached to the affidavit.
Questioning a witness
During a court case, witnesses may be asked to come to the courtroom and tell the judge what they have seen or heard. When you represent yourself in court, you may be expected to question your own witnesses and cross-examine other witnesses.
When you’re asking a witness questions, it’s important to:
- keep your questions simple
- ask about one topic at a time
- make sure your questions are relevant to the issues
- try to ask questions that have a yes or no answer.
You might find it helpful to talk to a lawyer before going to court, they can help you write your questions.
Assistance at the Family Court
If you’re representing yourself at the Family Court, there is help available. A lawyer may help you understand complex court processes, or perform another role appointed by the judge. You may also have a lay assistant take notes for you.
Court hearings can be complex. Even if you represent yourself at court, you can get legal advice at any time to help you prepare.
Explore more in this section
Feeling overwhelmed?
Going to Family Court can be hard. It's normal to feel overwhelmed. There are services available to help and support through this time.
Visit our help page