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Defending yourself in court rules and guidelines

  • 31-05-2017 3:32pm
    #1
    Registered Users Posts: 8


    Hi i will be representing myself in court shortly in relation to a family law matter i dont want free legal aid as the timeframe for the court date is only 2 weeks and i want this issue dealt with sooner rather than later .
    This issue i have is i have been served with a copy of an affidavit which has 26 points for response i am wondering how will i respond is there a format or official document .
    Also can information regarding a criminal investigation be used in this affidavit which is a family law matter .

    Any advice would be welcomed and greatly appreciated .

    Many thanks


Comments

  • Registered Users Posts: 3,430 ✭✭✭RustyNut


    Hi i will be representing myself in court shortly in relation to a family law matter i dont want free legal aid as the timeframe for the court date is only 2 weeks and i want this issue dealt with sooner rather than later .
    This issue i have is i have been served with a copy of an affidavit which has 26 points for response i am wondering how will i respond is there a format or official document .
    Also can information regarding a criminal investigation be used in this affidavit which is a family law matter .

    Any advice would be welcomed and greatly appreciated .

    Many thanks

    I'd say the basic rule applies here.


    He who represents himself has a fool for a client.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users Posts: 8 Mickeymac2017


    RustyNut wrote: »
    I'd say the basic rule applies here.


    He who represents himself has a fool for a client.

    Maybe that is your way of saying that you have to much time trolling boards.ie posting negative comments.The basic rule also applies
    If you have nothing positive to say say nothing at all .


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Without a solicitor, you will be eaten alive in a family law court.

    Well that's not entirely true however ignorence of the law and your rights isnt an excuse the judge will let you use.

    Ive represented myself plenty of times in family court with no issues and always give the same advice which isn't legal advice.

    Have all your evidence and info ready and in order for when you wish to read from it(points in this case if you need them or if the judge needs it and also have a copy for the other party. Be respectful to the judge and other party/solictor. Only speak to the judge and not the other solicitor or party unless the situation calls for it which the judge will determine. Practice what you need to say the night before and the same if you will be cross examined. When a verdict is being made right it down as it all goes by so quickly you won't remember all the details.

    It might be worth having a quick chat with a solicitor about your second question


  • Registered Users Posts: 8 Mickeymac2017


    Well that's not entirely true however ignorence of the law and your rights isnt an excuse the judge will let you use.

    Ive represented myself plenty of times in family court with no issues and always give the same advice which isn't legal advice.

    Have all your evidence and info ready and in order for when you wish to read from it(points in this case if you need them or if the judge needs it and also have a copy for the other party. Be respectful to the judge and other party/solictor. Only speak to the judge and not the other solicitor or party unless the situation calls for it which the judge will determine. Practice what you need to say the night before and the same if you will be cross examined. When a verdict is being made right it down as it all goes by so quickly you won't remember all the details.

    It might be worth having a quick chat with a solicitor about your second question

    Thanks for your help yes i would say second question needs legal clarity .

    Cheers


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  • Registered Users Posts: 128 ✭✭Afollower


    Actually having been in the Family Law Court numerous times with my solicitor and barrister I am a firm believer that one is better off representing oneself in Family Law issues. My ex represented himself and fared way better than me because the Judge went to great pains to advise him and make sure that representing himself did not put him at a disadvantage.
    Maybe it was just the Judge we had but definitely if I should ever need to go to Family Court again I would not hesitate to represent myself.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Rusty Nut and Mickey Mac2017 ( post 4)
    Debate the issues but pls keep it civil


  • Registered Users Posts: 3,430 ✭✭✭RustyNut


    Hi i will be representing myself in court shortly in relation to a family law matter i dont want free legal aid as the timeframe for the court date is only 2 weeks and i want this issue dealt with sooner rather than later .
    This issue i have is i have been served with a copy of an affidavit which has 26 points for response i am wondering how will i respond is there a format or official document .
    Also can information regarding a criminal investigation be used in this affidavit which is a family law matter .

    Any advice would be welcomed and greatly appreciated .

    Many thanks
    RustyNut wrote: »
    I'd say the basic rule applies here.


    He who represents himself has a fool for a client.
    Maybe that is your way of saying that you have to much time trolling boards.ie posting negative comments.The basic rule also applies
    If you have nothing positive to say say nothing at all .

    Sorry, I didn't mean to be arsey and I can see how my reply can be seen as such, again sorry.

    You are in court in 2 weeks on a family law issue and have 26 points for response which you are unsure how to respond to, you asked
    Any advice would be welcomed and greatly appreciated
    , take some professional legal advice, imho would be your best way forward.


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