Appearing Pro Se: Testimony, Objections, and Evidence
ฝัง
- เผยแพร่เมื่อ 28 มิ.ย. 2024
- You have a Constitutional Right to represent yourself in Court, but do you know how to make objections, admit evidence, and present testimony?
Chapters:
00:00 - Pro Se Testimony, Objections, and Evidence
00:42 - Testifying Pro Se and examining witnesses
01:00 - How to Testify
02:37 - Examine Friendly Witnesses
03:09 - Examine Hostile Witnesses
04:06 - 3 Objections every pro see needs to know
05:01 - Hearsay Objections
06:40 - Nonresponsive Objections
07:24 - Not Within Personal Knowledge/Speculation Objections
07:49 - How to get evidence admitted
08:45 - Pictures as Evidence
09:34 - Audio Recordings
09:56 - Video Recordings
10:07 - Texts/Social Media Messages
10:22 - Extra Do’s & Don’ts
Also find our content on:
Facebook.com/MatthewHarrisLaw
Instagram - @Matthew_Harris_Law
Google Maps - g.page/MatthewHarrisLaw
Website - matthewharrislaw.com/
Links:
Text Messages in Court - • How to Get Texts Admit...
Music:
Homebound - Anno Domini Beats
Music provided via TH-cam Studio Audio Library
When you represent yourself in court, it’s called appearing Pro Se, which is Latin for “on one’s own behalf.”
Unfortunately, I’ve watched countless pro se litigants ruin winnable cases because they didn’t know how to testify, object, or present evidence. So, I’m going to teach you how testimony is different when you represent yourself, 3 of the most common objections, and how to get most evidence admitted.
Obviously, I can’t squeeze 3 years of law school and my 12 years of trial experience into this one video, but these few tips will either help you when you appear pro se in Court OR convince you that hiring an attorney is in your best interest.
Testifying Pro Se and examining witnesses
Evidence in our adversarial legal system is routinely provided through live-witness testimony. This means that someone will take the witness stand and answer questions. When you’re representing yourself pro se, the responsibility for asking questions of the witnesses (including yourself) will be all on you.
How to testify pro se
When you’re representing yourself, your testimony is EXTREMELY important, but is often the most overlooked portion of pro se trial prep.
I’m going to warn you, it is going to feel incredibly awkward, but this is normal. I’d rather you prepare to feel awkward rather than you be surprised when you’re hit with those feelings on the stand.
When you testify pro se, you’re allowed to testify in the narrative. That means you’ll be giving testimony that is not in direct response to questions. This is much more difficult than simply answering questions by an attorney because two heads are better than one. If you misspeak, lose your place, or forget a necessary fact, you don’t have someone else keeping you on track or helping you to remember.
When you’re preparing your testimony, take the time to write out questions for yourself, along with your answers. Then, you roll your questions into your answers. Instead of “What is your name? John.” it becomes “My name is John.” It might seem easier to just skip this step, but you first need to go through the exercise of writing out the questions because it will keep you focused on your evidence.
When you’re testifying pro se, your natural reaction is to just “tell your story.” Well, that’s not how trial works. Rather than just telling your story, you need to focus on giving the Judge or Jury specific evidence that proves all of the elements for your case.
Alternatively, if you’re the Defendant in the case, then you need to know the elements of the Plaintiff’s case so you can provide testimony that disproves those elements.
When you’re being cross-examined by the other side, remember that you can still make objections to their questions just like an attorney representing you could do while you’re testifying. More on objections later.
How to examine friendly witnesses pro se
When the witness is friendly to you (meaning that they are there to offer evidence that is beneficial to your case) then your questions can’t be “leading” but must be open ended. If the question calls for a yes/no answer, then it is probably a leading question. Open-ended questions usually begin with Who, What, When, Where, Why, or How.
Keep your questions simple so that the answers are only about a sentence or two long. Talk to your witnesses in advance to let them know the questions that you’ll be asking and to make sure that their answers are what you’re expecting them to testify to.
How to examine hostile witnesses pro se
When the witness is hostile to you (meaning that they are there to offer evidence that is beneficial to the other side’s case) only then are you allowed to ask leading questions. This is known as Cross-Examination.
Your goal when asking leading questions is to get the witness to say the word “Yes” as many times as possible. Ask questions that begin with, “Isn’t it true that…” or “You’d agree with me that…”
The best cross-examination...
I am a 25 year lawyer and this is an extremely helpful, good video. I love the R.A.M. explanation.
Great, generous presentation! I've defended and won in court pro se. I'm currently suing a deputy sheriff and prosecuting attorney for maliciious prosecution 42 U.S.C. 1983 and violation of First Amendment rights. Thanks for the tips.
Thank you! It is an honor and a privilege to educate. 😁
Prosecutors have total immunity
They can "legally" (although not Constitutionally) do the following:
-withhold evidence
-misrepresent evidence
-solicit perjury
-much more
I put that in quotes because there is no Constitutional basis for this and it is simply a rule the courts decided to make for themselves.
It falls into the same total immunity granted to judicial officials.
However, this immunity is not absolute and only applies to their role/execution of duties in their official capacity. This means that although it can theoretically be beaten... I believe that it has only happened once.
Members of LE have qualified immunity which means that although it is easier to overcome than total immunity, there is a checklist of criteria that needs to be met.
I learned this the hard way after someone fabricated charges against me through a magistrate. I represented myself in court and proceeded to rip the prosecutor apart with objections as soon as he started talking (literally... "fruit of the poisonous tree" for the arrest itself being a 4th Amendment Right violation and all subsequent testimony proceeding that arrest was technically not admissible). That was overruled but knocked him for a doozy and I continued to stream out objections (relevance, hearsay, speculation, etc.) And at 1 point the judge started asking me questions as the state was presenting their argument.
The prosecutor got visibly shaken and frustrated that near the end of his argument he just sat in silence thumbing through papers before stating "no more questions".
The charges were dismissed without me even being asked to cross examine the plaintiff or make a defensive argument and I am pretty sure I was his absolute worst loss at trial. Possibly his only loss because he was BUTTHURT.
To rub it in I also got mouthy with the judge as he was signing the dismissal order as follows:
Me: can I ask you for a favor, your honor?
Judge: I DON'T DO "FAVORS"
M: [ignoring his answer] in the future, can you have your magistrates review the record in it's entirety before processing criminal charges?
J: Sir, it is best that you leave
M: I'm ready to go drink a beer... I've got my party pants on and everything (I was wearing hideous flowery shorts and button-down Hawaiian shirt)
J: storms out of courtroom
But now the DAs Office is stonewalling me and refusing to review the evidence that I have that would prove perjury beyond a reasonable doubt.
@@thefallofhanzo the court system is definitely flawed and not perfect.
as a layman who has won numerous pro se cases i would add be 100% ready to be treated with bias by the judge and given as a hard a time as possible by them ,especially in lower level courts the judge will almost always side with the prosecutor so be ready to appeal and put as many objections as you can on the record ,also its vital to understand the rules of evidence and the court in general so that you can set the ground work for an appeal as most often you will need to appeal a criminal charge as lower level judges and magistrates rarely rule against DA s and LEO
You do want to be careful though not to obscure valid objections with numerous unfounded objections. Caselaw says that if you throw too much spaghetti at the wall, the Judge isn't required to sort through what stuck.
@@MatthewHarrisLawPLLC true story lol ,make your objections count ,especially given that the judge is most likely pre annoyed because you are a pro se litigant
I'm the plaintiff on a real state fraud case, my lawyer quit on me, he never represented me properly and never submitted evidence like I asked him to, now I got to represent myself because other lawyers won't do it, because "no time to prepare" thank you very much for your tips!!
The first step is to tell the judge, "No sir, under the laws of this state I may NOT appear "pro" anybody. If you want a fancy Latin phrase, how about "in sui generis" meaning "in his kind." The court-appointed counsel tried to make me plea-bargain to a lie and waive my rigt to trial before a jury. I will not make the mistake of counting on an officer of that court again. You summoned me, here I am, lets get on with it.
You rejected counsel's advice to take a plea deal and pushed the case to trial?! That's gutsy. How did it turn out?
@@MatthewHarrisLawPLLC I dunno yet. I haven't tried a citizen's arrest for levying on a bunch of "Peace Officers" carrying assault weapons and backed up with armored fighting vehicles. But with the help of YHWH, as soon as Governor Polis signs HB24-1292 into law and casts "They entail tactical features designed for warfare ... " into Colorado Revised Statutes 18-12-601(g) I will be all set. In Colorado's own Bill of Rights, (see Colo. Const. Art II Secs. 1, 9, & 10) "the jury ... shall determine the law and the fact." IMNSHO there ain't any document more libelous than a criminal indictment. The real risk is that the Second District Court has, several times in this decade, suspended Trial by Jury, and could do so again. Bottom line: if America is to return to being the land of the free and the home of the brave, that process must go, as Gen. Bruce Cooper Clarke would say, "in increasing circles around my own two feet." Thanks for doing your part!
@@user-kx7ri9im1s updates? make a video on it
Keeping these guidelines in mind helps tremendously when watching a trial, which helps tremendously in driving home these guidelines. Lather. Rinse. Repeat.
Excellent. I'm going to be rewatching this a lot over the next few months, preparing.
Three years of law school doesn't seem like a lot. I could do that.
It's really not that bad. You should go!
ill be rewatching too. trying to finish up my summary judgement so ill definetly will update some of my exhibits with a full proof certification... if law school was only 3 years id go too. being pro se ive learned a lot on court language, rules and the law and its because of people like him!!!
@@MatthewHarrisLawPLLC I'm going to become a lawyer! I plan to win my first case, the charge is erroneous and I can prove it.
@@MatthewHarrisLawPLLC thank you so much for this video. I would hire you to represent me. Also, is there a way to consult with you? Thank you very much for sharing your experience and knowledge.
Thank you for creating your videos. With your guidance and a lot of homework as a Pro Se litigant, the judge ruled in my favor in my divorce hearing! As the petitioner I presented the preponderance of evidence to prove a common law marriage did not exist. Using the tools provided in your videos, I had the confidence during direct examination, cross, opening and closing arguments, and procedural rules for presenting evidence. I studied the statutes in Texas, and was able to object and the judge to sustain my objection.
The opposing party had an attorney, and they offered 2 pieces of evidence vs my 29 exhibits offered.
Thank you for guiding me through this process in more ways than you know.
You did an absolutely great job in this video. And I love your "got it" regarding comment like you're in court; like your grandchildren are watching, before one can comment. Note that I say that as a former practicing attorney, and as one who has appeared pro se multiple times. Thank you for a great video! This is the one that convinced me to subscribe to your channel.
Most lawyers just insult anyone who wants to represent themselves! I have 18 rental properties, and have done real estate business for 30 years, and have had to sue or been sued a number of times. Most of the cases are between a few and 15000 dollars, and the problem is, if I hired a lawyer to sue a contractor for even $15k, the legal bills could dwarf the settlement, so I've decided to do it "pro per" instead. In one case, their lawyer offered a fairly reasonable settlement minutes before the trial was going to start, but if I hadn't been willing to go to trial, they never would have made the offer. Another, I was sued by an actual attorney for $20K, and fought him in court. I ended up losing, but a judgement of $200 + $250 court expenses, I'll call that a win every day! Thank you for these videos, refreshing my knowledge, as I have two small cases I'm filing for contractors who either didn't finish work they promised, or did such terrible work that it had to be redone...
Thanks. You are an example of how knowledge should be shared. Thanks once again.
Thank you again
Thanks so much for this.
Thank you! It is an honor and a privilege to educate. 😁
Thank you so much, Sir.
Thank you! It is an honor and a privilege to educate. 😁
This is great. Our airport manager (also EMT) strangled, almost killed, left for dead, my good friend. Results: He's still the airport manager. We have a Case Management set for Feb. This helped a lot. Thank you!
Very nicely done.
Why thank you very much! It is an honor and a privilege to educate. ❤️
Nice to see a lawyer share information with the masses, even if it is intended to make them give up and hire them.
Please view Pro'se Mike Documentary. Thank you
Justice is a luxury and a luck, and it is not for granted. Often it does not happen, like injustice often happens. If you do not have a lawyer, your chance for injustice is much higher. Good luck to everyone to have a good lawyer.
I would love your opinion on whether I could have taken on a case myself. Long story short: I'm a federal employee. Another employee made a false report of theft to the agency police and they stopped and searched me. They found nothing and sent me on my way. I know who did it to harass me, but couldn't prove it. I was provided the police report with names redacted, and I tried to get the unredacted report to make a defamation case. I contacted several attorneys and none of them wanted anything to do with it.
The gist of what the lawyers told me. To subpoena the unredacted report, I would have to file a legal action in federal court and first survive a motion to suppress. The cost would be 10's of thousands of dollars, and likely not yield anything. And I was strongly discouraged from taking it on myself.
😂 Darrel Brooks could have used this EXCELLENT information!
I’m behaving so I’ll never be in this position.
Great video Matthew 👍🏻 will help when watching trials.
Outstanding, I will be pro se soon. I was given a Right to Sue notice from EEOC here in Raleigh NC. Would love more information and or assistance.
If they have an attorney, You need an attorney…
Can you make a video about the subject of "... Leading the Witness where the examiner is putting words into the Witness mouth instead of asking a question and seeking the witness own response to the question. Leading questions are all the time objected to by the opposing Party, I believe, because the examiner is the one testifying and taking instead of the witness where the witness is just either agreeing to or being told by the examiner what the witness is testifying to.
Do you have a link for a consultation appointment, Mr. Harris?
I have a trial coming up and I’m representing myself and was just wondering if I need to give an opening statement or if I could just remain silent and take the fifth amendment
My ex objected yo everything but i had letters faxes from whom i need them it was determine the under the preponderance of the evidence i won the case but he keeps suing and i keep showing up but he did not now he cant sue me no more
Do you have suggestions for getting "stage fright" during court? I'm trying to help my friend in her mom's probate case. She's very verbal and outspoken, however when the judge or the sister's attorney asks her things during hearings, she shuts down, stammers, and loses her confidence. And often times, she can't focus enough to hear important details and deadlines, etc. She has adhd. I'm concerned this could hurt her case.
My Father represented my Brother twice and won both times. My Brother had two friends and they both had lawyers but were found guilty very strange 😂😂
I mean most law systems are very corrupt so attorneys are forced to take so many free cases or whatever a year like they have to represent someone but they're always on the judges side😢 there is no actual courthouse where you're going to get an attorney that hasn't already worked with those lawyers or the DA they're all friends and that's the problem they all have a conflict of interest yet won't remove themselves from your case
I heard a story about a guy representing himself in a he-said-she-said criminal trial. One of those where the only evidence was essentially her testimony and probably a police report based on her statements. The story was that the defendant presented no evidence and did no cross examinations. He waited until closing statements, and then was able to say whatever he wanted without facing any objections or cross examination. Basically told his side of the story to the jury at the end of the trial. He was found not guilty. Does that sound true or made up? Good strategy for such a case?
517 am. I am suing the driver who hit my car because her insurance company failed to settle my claim. Can I object to any of her insurance company witnesses because in AZ I cannot file a suit against her insurance only the driver in a vehicle accident.
i’m pro se in custody trial.
how do i admit exhibits while giving my narrative testimony?
do i need to restate the facts from my pretrial statement ?
Your pretrial statement (I'm guessing this is your Opening Statement) likely isn't under oath. When you testify, you're under oath so you then need to provide sufficient facts to demonstrate your personal knowledge of the information. You then have to provide testimony sufficient to authenticate whatever exhibits you intend to offer. All of the same information that I went over in this video needs come out in your testimony.
@@MatthewHarrisLawPLLC
In PA pretrial statement is a liter of facts of the case, evidence list, witness list, custody schedule, and proposed order.
i suppose the opening could just be the pretrial statement but that seems redundant.
since i have to sign it i don’t know if it’s automatically a court record or if i need to have the pretrial statement admitted.
i’d think not if it it’s a type of pleading
@@MrCalebgrayson - Well, I'm not licensed in PA, so please don't rely on me.
However, you probably still need to offer evidence of those things because those pleadings are not evidence. Evidence must be subjected to cross-examination to be reliable, otherwise all trials would just be conducted via Affidavit.
I would suggest sitting down with a local attorney for just a 1-hour consultation to give you some guidance on court procedure.
Pro Se, or In Propria Persona?
I just pro se yesterday on a protective/ restraining order and to establish a custody... So i feel i won compared to the bm... I got "noncustodial " rights, means i got full access to my child , school, practices, and get every other wkend😏... i dnt like that part but the bm was summoned to go get psychiatric help🤣.. she seen a lil bit of her narcissistic manipulative ways, she was extremely suicidal!.. i got over 120 videos and 40 photos from last yr that show all of her bs, but the thing that got me was, she just straight up sat on that stand and made up lies!!! I would have respected snitchn more.. but to lie on me and try to be confident about it i really wish i had a honest attorney that would see the details of this lil shįt and pic it apart cuz seem like every time i go to discredit her testimonies being she keeps lien under oath, her attorney gets to talk about shit that wasnt even in the order of protection, but soon as i speak on relevance, the judge had no problem trying to tell me she just wants to hear about facts pertaining to the o.o.p but , SHE AINT SAY THAT TO HER LAWYER THAT WENT ON SHOWING ME PICS OF ME TXTN MY SON SHOWING HIM HOW TO DELETE on a iphone... the shìt is annoying that they are all one cult, and wen anybody pro se, they all become uncomfortable and kinda stick to sum brotherhood kinda bond... i need a real mf on my team that could help me but most likely wont happen, never does.. i kno law so gd that lawyers wont even speak on it... Uçç law that is... but i aint even on that type of time with the whole jurisdiction thang rn, im just going threw the motions but now i REALLY need to find sun1 that knows how to authenticate the bc...
Am I entitled to a box fort too? 💁🏼♀️😋🤘🏻
Yes, but in civil suits you must provide your own boxes. 😆
@@MatthewHarrisLawPLLC well damn! I thought I was entitled to a computer camera’s heights worth 😩
Only in Capital cases, I'm afraid.
I'm laughing so hard I'm crying 😂
A statistical analysis of pro se cases indicated that pro se litigants win about the same percentage as lawyer representation
Could you please provide a citation to this research?
@@MatthewHarrisLawPLLC
I read the meta study many years ago, you would have to research this yourself.
@@robertvondarth1730 - Are you referring to the meta-study conducted by the University of Chicago School of Law? If so, I think you misunderstood the empirical results (p. 127).
That study found that the pro se reforms in the EDNY didn't improve pro se success rates vs pro se success rates in other district courts (with the sole exception being the year 1999).
It didn't compare the success rates of pro se litigants vs represented litigants. It only compared the pro se litigants of that one district vs other districts.
(link to study: lawreview.uchicago.edu/print-archive/empirical-patterns-pro-se-litigation-federal-district-courts)
@@MatthewHarrisLawPLLC
Regardless, the main motivations for people representing themselves are either financial, or they are holding so-called sovereign citizen movement models of law.
Many people find themselves in the unfortunate position of being the lower middle-class where they would not necessarily qualify for a public defender in a criminal case, but still unable to afford an attorney for defense.
It would be a benefit to society if there were resources where a non-lawyer could be fully educated in pro se. Many people are intelligent enough to defend themselves prose, but we lack some of the educational resources necessary to be effective.
I am the spiritual creature not the first middle last name. Ad the creator
I want to submit a sealed envelope from my kids therapist
Just because you have a law degree doesn't mean crap. 90% of lawyers are shit
Talking about YOURSELF again, lololol!!
When a pro se is in court, the Lady Justice would take off her eye cover and look around for her preference. The court is not absolutely the Honor, and it can be the Shame.
Absolutely and i am already experiencing that through the filing and i an not even at the trial yet. Its a business and they hate pro se as its a missed opportunity for on e of their colleagues
@@nadiasaidi8937 Remember you can appeal to three judges. You can report the corruption to some committee. Good luck.
DId I hear in a video that you were a TACP? tacp tacp look at me.. I"m who you wann be. lol. If so and i didn't imagine it, I need your help brother. I've fired my lawyer and taken possession of my evidence and I am working on my 35C motion. Sentencing is in 25 days. My lawyer was utterly worthless and despite being given the ability to refute all the lies coming out of the alledged victims mouth as well as the officers he did not call one witness, did not enter one piece of evidence, disuaded me from testifying, and couldn't even be bothered to illustrate 1 of a dozen contradictions on the record. If you are willing and able to help me at all I would be grateful. Thanks for your consideration. Respectfully, Robert Luke Koleas, SSgt USAF
Brother, I'm so sorry that I didn't see this comment sooner. Unfortunately, I'm not licensed in Colorado so I don't have the first clue about 35c Motions. An attorney not calling any witnesses, and not pointing out the inconsistencies in the evidence is pitiful. You may have grounds for appeal for Ineffective Assistance of Counsel.
Only ever appear in sui Juris, don't just grant them jurisdiction by being pro se
Jurisdiction is presumed via argumentum ad bacculum.
They don’t care about magic words
'Pro se' is Latin for, "you're fucked."
I would Never represent myself in court, Ever…..I call that smart! 🤓👍
not really. When you get sued for $5k, the legal bills will very quickly be much higher than the $5k, so unless you just want to pay when you shouldn't have to, you have to represent yourself.
I actually disagree. Equity doesn’t recognize a legal fiction…but most won’t understand this
Sorry, not sorry, Pro Se's can do ALOT of damage - been there, done that. The Court Staff even remarked, I should go to Law School. Orders GRANTED!
Never a good idea to represent yourself.
Total BS, I not only had orders GRANTED, I even had my former husband's attorney up on the stand and the Court reserved Judgment - Witness Tampering! GO FOR IT!
Lawyers need to do research because they really dont know the law in their own field sad