Represent yourself in court
Printable version
1. Overview
You have the right to speak for yourself in court without a solicitor or other legal professional.
You may choose to do this because:
- you think it’s better to talk directly to the judge, jury or magistrates yourself
- you cannot afford to pay legal fees
If you’re considering representing yourself because you cannot afford legal costs, check if you can get legal aid instead.
You’ll be known as a ‘litigant in person’ if you represent yourself. You’ll also be known as an ‘applicant’, ‘respondent’ or ‘defendant’ depending on whether your case is heard in a family, civil or criminal court.
Read Advicenow’s guides to going to court for advice on how to conduct your case.
There are different courts and rules in Scotland.
Someone with you in court
You may be allowed to have someone to help you in court by taking notes and giving advice, but they cannot:
- speak for you
- interfere with proceedings
- sign documents on your behalf
This person is known as a ‘McKenzie friend’.
The judge will decide whether you can have a McKenzie friend with you in court.
Read guidance on what a McKenzie friend can and cannot do.
Get legal advice
You can still get legal advice to help you with your case, even if you choose to represent yourself in court.
Read advice on what you should consider before going to court for a debt, dispute or personal injury claim.
2. Divorce and separation involving children
You’ll be referred to as the ‘applicant’ if you brought the case, for example you filed the divorce papers.
You’ll be known as the ‘respondent’ if you’ve received divorce papers or a request for a separation, or a contact order or residence order for a child.
Before you go to court
You must normally go to mediation before you go to court.
The court will not hear your case until you send them a C100 form.
Read guidance about whether you should take your case to court.
Read the ‘Guide for Separated Parents: Children and the Family Courts’.
Find out more about:
- how to apply for a court order
- the types of court order you can apply for or respond to
- what the court does after you apply for a court order
- getting free and independent help with forms and documents
3. Divorce and separation: money and property
You’ll be referred to as the:
- ‘applicant’ if you brought the case, for example you filed a divorce petition
- ‘respondent’ if someone else has brought the case
Find out what you must do before you go to court if you’re divorcing or separating and you’ve a dispute about money or property.
You must normally consider mediation before you go to court.
The court will not hear your case until you send them a C100 form.