Litigant in person checklist: preparing for a court hearing

If you are representing yourself in court, you are what the courts call a litigant in person. You are not alone: in many family and civil courts, a large share of cases now involve at least one party without a lawyer. Judges are used to it and will try to make sure you understand what is happening. But the rules still apply to you, and good preparation makes an enormous difference to how a hearing goes.

This checklist takes you through the weeks before a hearing, the day itself and what happens afterwards. It also explains the points at which it is worth bringing in a barrister, even if only for part of the case.

Four weeks or more before the hearing

Read the court order or notice of hearing carefully. Note the date, time, court address, how long the hearing is listed for and whether it is in person, by video or by telephone.
Make a list of every deadline in the order. Courts often require statements, documents or a bundle to be filed by set dates. Missing them can mean evidence is not allowed or the hearing is adjourned, sometimes with costs against you.
Work out what the hearing is for. A first directions hearing, a case management hearing and a final hearing are very different. If you are not sure, the order or a court leaflet will usually say.
Gather your documents. Letters, emails, contracts, photographs, bank statements, texts. Put them in date order.
Read the other side's documents. Note what you agree with, what you dispute and why.
Check the relevant court rules and guidance. The Civil Procedure Rules and Family Procedure Rules, and their practice directions, are free on the government's justice website. Court guides for litigants in person are also available.
Decide whether you need legal advice now. This is the best point to speak to a barrister, while there is still time to shape your evidence.

Two weeks before

Prepare or finalise your witness statement, if one has been ordered. Write in the first person, in numbered paragraphs, stick to facts you know, and include the statement of truth required by the rules.
Exchange documents and statements with the other side as the order requires, and keep proof that you did.
Check who is preparing the bundle. Often it is the applicant or claimant, but the order will say. Bundles usually need an index and page numbers.
Write a short case summary for yourself. One page: what you want the court to do and the three or four main reasons why.
List the questions you want to ask any witnesses, and the points you need to make.
Arrange practical matters. Time off work, childcare, travel, and an interpreter if you need one (tell the court early).

The week before

Check the hearing is still going ahead, and whether the time or format has changed.
Read the bundle from start to finish. Mark the pages you will want to refer to.
Prepare your notes for the hearing. Short headings work better than a script.
Think about costs. If the other side wins, could you be ordered to pay their legal costs? In some courts and tracks this is limited; in others it can be significant.
Consider settlement. Many cases resolve in the days before a hearing. Know what outcome you could accept.

On the day

Arrive at least 45 minutes early. Allow time for security checks.
Bring the bundle, your notes, a pen and paper, any original documents and identification.
Find the usher and tell them you have arrived and that you are representing yourself.
Switch off your phone in the courtroom.
Address the judge as the court guidance explains, often "Sir" or "Madam" in the County Court and Family Court, or "Judge".
Speak clearly, keep to the point, and do not interrupt. You will be given a chance to respond.
Write down what the judge orders and any new dates.

After the hearing

Make sure you receive a copy of the sealed order and read it carefully.
Diary every new deadline straight away.
If you think the decision is wrong, act quickly. Time limits for appeals are short, often 21 days, and you may need permission.

When to bring in a barrister

You do not have to choose between doing everything yourself and paying for a full legal team. Through the Public Access scheme you can instruct a barrister directly, without a solicitor, for exactly the parts of the case where you need help. It is especially worth considering when:

the hearing is a final hearing or trial, where the outcome is decided;
the other side has a solicitor or barrister and you feel outmatched;
there are complicated legal points, expert evidence or cross-examination of witnesses;
a large sum of money, your home or your children are at stake;
you have received an order you do not understand or want to appeal;
you are being threatened with an order for costs.

A barrister can also help in smaller ways: a written advice on your prospects, a review of your witness statement, or a short conference before you go into court alone. As a guide, attending a full-day hearing usually starts from about £1,000 and is often more depending on experience and the work involved; the barrister will give you a quote before you commit.

Clerk&Counsel helps people find the right independent barrister for their case. Submitting an enquiry is free. If you go on to instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's own fee before you decide. Request availability and a quote or use our cost calculator to get a feel for likely fees.

Clerk&Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. This checklist is general information only.