Get Started
Before you represent yourself:
Terms you may hear if you are going to court without a lawyer are:
- “Pro-Se,” meaning “for oneself” or “on behalf of oneself.”
- “Self-Represented Litigant,” meaning a person who seeks to file, pursue, or respond to a case without the assistance of a lawyer authorized to practice before the court.
Both terms mean you do not have a lawyer and are choosing to represent yourself in a legal proceeding.
In most court cases, there are important issues at stake, specific timelines to meet, and complex rules to follow. For these reasons, it is always best to talk to a lawyer when things become complicated or confusing.
If you cannot afford a lawyer, legal help may be available for free or reduced fees.
IMPORTANT: As a Pro Se Petitioner:
- You must follow all courtroom rules and procedures as though you are an attorney practicing in that circuit. You should prepare yourself by researching laws and rules.
- You should know and follow the rules relevant to your case.
- You must follow the instructions provided in each form you file. Make sure you file all documents required for your case. Provide proof of all requirements.
- You are responsible for knowing any local court rules that may affect your case. Local court rules are different in each circuit. Courts also issue administrative orders. Review administrative orders that apply to your case for important requirements. You can often find local rules and administrative orders on the circuit court website.
- You alone are responsible for moving the case forward. You are the one who requests a final hearing or trial date. You must also give the other side proper notice for all hearings.
Tips to Get Started:
- Review the consumer information and pamphlets provided by The Florida Bar.
- Read Frequently Asked Questions (FAQs) and Preparing for Court: Courtroom Expectations.
- Visit a law library for help with research.
- Contact a local Self-Help Center near you for information and help to find resources in your area.
- If you have a family law case, see The Process: What Happens in Court.
Step 1: Review the Law – Florida Statutes and Rules of Court
Different types of cases such as civil, family, probate, traffic, criminal, etc., have different requirements. This information is provided as a general guide for people trying to handle their own cases and is not intended as a substitute for legal advice from an attorney. Each case has its own particular set of circumstances, and an attorney may advise you of what is best for you in your individual situation. If you need help finding an attorney, please visit The Florida Bar Lawyer Referral Service.
Find the Florida Statutes and the Rules of Procedure that pertain to your case. These resources are very important to every case.
Statutes and rules are not the only thing you need to know and understand to handle your case. Court rulings in previous cases, known as “case law,” can also affect your case. To find case law you will need to visit a law library.
Note on Rules of Court Procedure: Different case types have different rules of procedure. For example, dependency and delinquency cases are governed by the Rules of Juvenile Procedure, whereas dissolution of marriage cases are governed by the Family Law Rules of Procedure.The Florida Bar provides links to all the various rules of court procedure for Florida courts on their website.
More information may be found online at the public library, a law library at the county courthouse, or a law school library in your area. Local Family Law or Self-Help Centers and law libraries may be able to assist you.
Step 2: Forms
To start a case, you will need to file a petition, complaint, statement of claim, or similar document. If someone has brought a case against you, then you may need to file an answer or response with the court.
Florida’s laws and rules are complex and can be confusing if you do not have a background or training in the law. Forms can help people work on their legal matters but are not a substitute for legal advice from an attorney. Standard forms are available for many family law cases, but other case types may not have readily available forms. Since many family law forms exist, we will use a family law case as an example of how to proceed with a case.
- Read the General Information for Self-Represented Litigants in Family Law Cases
(pdf) document. Most of the information found in this document is not repeated in the instructions included with the family law forms. - Read What Happens in Court to understand the steps involved in a family case. Your case may be different, but this is a good example of many of the steps necessary for handling a legal case.
- Complete the forms you’re required to file.
- Review the Family Forms Frequently Asked Questions if you still need help.
- Print your completed form(s), sign and notarize them as required and submit the form to the clerk’s office via regular mail, in person or by scanning the signed PDF and electronically eFiling.
ADOBE ACROBAT – For computer and mobile devices
If fillable form fields ARE NOT VISIBLE when you open the PDF form, you do not have Adobe Reader installed. In order to take advantage of this feature, YOU MUST have a PDF reader installed. We recommend that you install Adobe Acrobat Reader. https://get.adobe.com/reader/
Step 3: File Your Forms
You will need to file your forms with the Clerk of Court in the county where the case will be heard. Forms may be filed electronically or in person.
Follow the instructions for your forms. Have the forms notarized if necessary. Have the other party served when necessary. Keep copies of everything you file with the clerk.
If you have further questions about how to have the other party served, how to file forms, etc., you may contact the clerk’s office for more information.
A filing fee will be required for most cases. The amount of the fee will depend on the type of case you have. Filing fees are set by statute.
FEE WAIVER: For some cases you may apply to the clerk of the court for a fee waiver. In addition to the waiver of filing fees, you may also qualify for a waiver of the $10.00 fee for the Summons for Service of Process and the service of process fee for a sheriff to deliver documents to another party. To qualify for a fee waiver, you will need to fill out and file an Application for Determination of Civil Indigent Status.
Step 4: Going to Court
Your case is your responsibility. When you handle your own case, it is your responsibility to move your case forward, to serve or provide notice to other parties and witnesses, to demand discovery, to file all necessary motions, to meet all deadlines, to appear for court, and ultimately to present your case at a hearing to a judge.
Most cases will have an initial hearing where the judge received the information that was filed with the clerk and the parties explain why they are in court and what they would like the judge to decide. The judge may see what the parties can agree on and what they will still need to resolve. After this first hearing, the parties may be given instructions on what they need to do next and a court date for a hearing on the issues that still need to be resolved.
Some cases may be referred to mediation. Mediation is a way for people who are having a dispute to talk about their case with a mediator. A mediator cannot choose sides or provide legal advice, but he or she may be able to help the parties come to an agreement or settlement. If you go to mediation and you still can’t solve your problems, you can go back to court and the judge will make the final decisions in your case.
If your case goes to a hearing, be prepared with copies of all of the information you have filed with the clerk and the information you want the judge to hear. Read Preparing for Court: Courtroom Expectations.
When the judge makes a ruling on your case, she or he will file an order with the clerk. The order will tell all parties what has been decided and what needs to happen next. All sides must abide by the order.
While forms and online tools can help a pro se litigant handle some legal issues, going to court can be a difficult and intimidating process. If at any time you feel that handling your own case is too much, contact an attorney for assistance.