Going to Court

Getting ready for court is a process

Going to court is serious. Things can happen quickly. It can be confusing. How can you prepare for your day in court? The same way lawyers do. Get ready before your day in court - it can take time to prepare.

The information below can help you get ready for almost any kind of court appearance (a trial, a hearing on a motion, a conference), except for appeals. If your hearing is about an appeal, see our webpage on Appeals. Get suggestions below on what to do before your court date, on your day in court and when you are in the courtroom. It can be a lot of information. You might want to skim all of it before focusing on one specific section.

Share any information you plan to use at your hearing with the other party in your case. This includes your:

Is your case for a protective order or small claims?
If yes, you do not have any disclosure requirements. 

If the deadline for your disclosures has already passed, send your disclosures as soon as possible.

If you do not send your disclosures, you might not be able to present your evidence at the hearing. 

If you need an ADA accommodation, including an ASL interpreter, contact court staff right away to ask for an accommodation. Reasonable accommodation of a disability is free. For more information, see the Accessibility Information web page. Not sure how to contact court staff? Use the court directory.

If you need an interpreter, make sure you request one at least 3 days before the hearing. Depending on what language you speak, it could take the court longer to find an interpreter Court interpreters are free if you are involved in a court proceeding, including mediation. They are also free for victims, witnesses, or parents or guardians involved in hearings. Read more on our page about Requesting a Court Interpreter.  The court will not pay for interpreters for you to talk with your lawyer outside of court. 

If you need to talk to someone about an interpreter you can contact the interpreter coordinator for your court.

 A witness is someone who knows what happened and can tell the court. Tell your witnesses about the date and time of your hearing and ask them to come.

If you are worried a witness will not show up, you can serve them with a subpoena. This requires them to attend the hearing. Our page on subpoenas has step-by-step instructions.

Send out your subpoena right away. The person who receives the subpoena can object to it if they are not given enough time to respond.

Utah Rule of Civil Procedure 45(e).

The more time you spend preparing for your hearing the more ready you will be. But you probably have limits on your time. The tips below are suggestions. Use your best judgment about which ones are most important for your situation.

Understand your hearing
Know what your hearing is about. The judge or commissioner might only be able to decide one specific issue. For example, if your hearing is about one specific motion, the court can only answer the question asked in that motion. Use MyCase to see your case history and the papers related to your hearing. If you are still unsure, see our page on finding legal help

Brainstorm, summarize, and make notes
Spending time getting your thoughts together can help you get ready to talk with the judge. It might be helpful to write down notes and bring them to court. You might want to write a paragraph to summarize the issues that the hearing is about. Here are some prompts to help you think about what to write:

  • Write a one sentence of summary of the event.
  • What was the order that the events happened? 
    • You might also want to make a timeline of events
  • Who was there and saw things happen?
  • The most important thing for the court to know is …
  • The court should decide in my favor because …

Take time to get all of your proof together. Collect important papers like business records, pay stubs, appraisals, invoices, checks, and bank statements. Take pictures of damaged items or dangerous conditions.

  • Organize your papers - put all of your papers in a logical order so you can present them in a way that makes sense at your hearing. Use folders or clips to keep things sorted. Make 4 copies of everything you want the judge to see: one for you, the judge, the witness, and the other party.
  • Do you have have evidence on your phone? Print the pictures, emails, messages or other proof. Make 4 copies. For videos, put them on 4 USB drives. If you cannot print or get a USB drive, the judge might not accept them. If she or he does, be ready to show your phone to the other party before you show it to the judge. 

Is your hearing for a motion?
For a motion, any papers you want the court to see must be included with your motion, or your opposition to the motion. If you did not file your papers with your motion or your opposition, see our page on finding legal help

Make a list of the evidence you want the court to consider. Then make notes about why the court should consider each item based on the rules for your case. 
  • If your case is in small claims, you can use evidence trusted by a reasonable business person. The judge may also accept helpful and trustworthy evidence. Rule of Small Claims Procedure 7(d).
  • For other kinds of cases, things are more complicated. The Rules of Evidence limit what the court lets you submit as evidence.
    • Everything you submit has to be relevant. This means it helps support some aspect of your case. Utah Rule of Evidence 401.
    • If you are submitting papers or videos, you must explain where you got them from, why they are trustworthy, and why they are relevant to your case. If you got the evidence from someone else, that person must testify and explain where the evidence came from. Utah Rule of Evidence 901
    • Watch out for hearsay. Hearsay means talking about something someone told you but you didn't witness yourself. Generally, you can only testify about things you saw directly. The same goes for your witnesses. There are exceptions. Read more in the Utah Rules of Evidence, Artice VIII about hearsay. 

This is one of the most complicated parts about representing yourself. It is a good time to get some extra help. See our page on finding legal help.

  • Plan to be there for at least half the day. If your hearing is in the morning, make plans to be there the entire morning. If your hearing is in the afternoon, plan to be there the entire afternoon. Make plans to eat beforehand. 
  • Make plans for childcare - you should not be caring for your children during your hearing. 
  • Double check the date and time of your hearing on the court calendar

There are a few more tips based on your hearing type.

  • Find out how long it takes to get to the courthouse and where to park. Use the Court Directory to find addresses and maps. 
  • Try to watch another in-person hearing if you can. Seeing what happens and knowing what to expect can make things less scary. You can use the court calendar to find other hearings in front of your judge or commissioner. 

  • Make sure you are ready to use your phone or computer
    • Check your internet connection. You need download and upload speeds of 0.5 at least megabytes per second. You can search in your web browser for "internet speed test" to see how fast your connection is.
    • If your connection is slow, try visiting your county library. You can also use on of the court kiosks.
    • Make sure you are ready for your hearing by reading these Webex tips.
  • If you plan to use evidence at your hearing, contact the court to ask them how you can submit it. Use the court directory to find your judge or commissioner's contact information. 

Try to watch another remote hearing if you can. Seeing what happens and knowing what to expect can make things less scary. You can use the court calendar to find other hearings in front of your judge or commissioner. 

If you prepared a week in advance (see above), then most of your work is done. There are just a few things to take care of on the day of your hearing before it starts:

  • Dress as professionally as you can. This can show the court that you take your case seriously. 
  • Get to court or log on at least 30 minutes before your hearing. This can give you time to deal with traffic, parking, or problems with your internet . Use the court calendar if you are unsure how to get to your hearing. 
    • If your case is in-person, do not bring any weapons or illegal items with you. There is nowhere to check your bags in the courthouse. You can ask court staff where to go for your hearing. Also be sure to silence your phone. 
    • If your case is online and you have problems logging on, use the court directory to call the court staff for your judge or commissioner. Call them as soon as you have problems. Do not wait or you could lose your hearing for failing to attend. 
  • Have all of your witnesses, evidence, and notes about your case ready. Remember to have copies ready for everyone. 
  • Wait for your case to be called. There could be lots of cases scheduled at the same time as yours. 
  • Prepare the people who are there to support you. You can have people support you, but generally only you or someone who is representing you can talk in court for you. 

Here are some tips to help you understand what to expect and how to act at your hearing.

They depend on whether your hearing is in-person or remote. 

Getting started

  • First, it is normal to feel nervous – most people in court are a little anxious.
  • When your case is called, stand up and say your name. The judge or commissioner might hear your case at that time or might finish calling the other cases on the calendar.
  • When it is time for your case, go to the tables at the front. Ask court staff if you are unsure where to sit - you are probably not the only one who is unsure.
  • Generally, stand when you are talking and speak only when the judge or commissioner tells you to. Call the judge or commissioner "Your Honor."

Talking to the court and presenting evidence - everyone gets a turn

  • The person who asks the court to do something goes first, then the other side goes.
  • When you first speak, you can give a summary of what happened and what you are asking the court to do. You can use your notes for this part.
  • Then you can present your evidence. Be flexible when you are talking. Some judges and commissioners ask a lot of questions. Their job is to keep the hearing moving along.
  • If you want to share see your papers, ask first. The bailiff can help distribute them.
  • Speak clearly, tell the truth. If you do not understand a question, say so. If you are unsure, say so. Tell your witnesses to do the same.
  • If you have witnesses, the other side can ask witnesses questions. Sometimes you can "proffer" evidence by summarizing what a witness would say. The witness must be available.
  • Wait for others to finish talking. Do not interrupt.
  • This might be your only chance to speak with the judge or commissioner, so be clear and respectful. Do not argue, insult, or make faces. Tell your witnesses to do the same.

At the end of the hearing

  • The Decision: the judge or commissioner might announce her or his decision at the end or issue a written decision later. Call the clerk if you don’t receive it within 60 days. If your hearing is for a motion, get more help on our motions page. Read or listen to the decision carefully to know the result and reasons. The judge or commissioner may ask you to prepare an order. If you need help with this, contact the Self-Help Center.
  • What Happens Next: before leaving, know what to do next. Do you need another hearing or to prepare a document? Ask questions if you are unsure.
  • Record of the Hearing: you cannot record the hearing. To listen later, buy a CD at the court. Find contact info on our Court Directory page. To get a written transcript, order it on our Request for Transcript page.

Be ready

  • Make sure you are ready for your hearing by reading these Webex tips.
  • If you have problems logging on, use the court directory to call the court staff for your judge or commissioner.

Getting started

  • First, it is normal to feel nervous – most people in court are a little anxious.
  • When your case is called, unmute yourself and say your name. The judge or commissioner might hear your case at that time or might finish calling the other cases on the calendar.
  • Generally, keep yourself on mute unless you are talking and speak only when the judge or commissioner tells you to. Call the judge or commissioner "Your Honor."
  • Usually, judges and commissioners prefer you to have your video on unless you are having technical issues. 
  • If you have papers to share, ask the judge or commissioner how you should handle that at the start of the hearing. 

Talking to the court and presenting evidence - everyone gets a turn

  • The person who asks the court to do something goes first, then the other side goes.
  • When you first speak, you can give a summary of what happened and what you are asking the court to do. You can use your notes for this part.
  • Then you can present your evidence. Be flexible when you are talking. Some judges and commissioners ask a lot of questions. Their job is to keep the hearing moving along.
  • Speak clearly, tell the truth. If you do not understand a question, say so. If you are unsure, say so. Tell your witnesses to do the same.
  • If you have witnesses, the other side can ask witnesses questions. Sometimes you can "proffer" evidence by summarizing what a witness would say. The witness must be available.
  • Wait for others to finish talking. Do not interrupt. This is especially important online because otherwise it is impossible to hear. 
  • This might be your only chance to speak with the judge or commissioner, so be clear and respectful. Do not argue, insult, or make faces. Tell your witnesses to do the same.

At the end of the hearing

  • The Decision: the judge or commissioner might announce her or his decision at the end or issue a written decision later. Call the clerk if you don’t receive it within 60 days. If your hearing is for a motion, get more help on our motions page. Read or listen to the decision carefully to know the result and reasons. The judge or commissioner may ask you to prepare an order. If you need help with this, contact the Self-Help Center.
  • What Happens Next: before leaving, know what to do next. Do you need another hearing or to prepare a document? Ask questions if you are unsure.
  • Record of the Hearing: you cannot record the hearing. To listen later, buy a CD at the court. Find contact info on our Court Directory page. To get a written transcript, order it on our Request for Transcript page.
Need more help?

Going to court is complicated. It takes time and can be overwhelming. Try our page on finding legal help if you need more support.