If I got to court as a self-litigant, how should I enter?

This is a loaded question since entering court depends on the defenses we're going to raise. If the defendant feels the court lacks personal or subject matter jurisdiction, they may object and challenge it. It is important to note that if a defendant appears generally or participates in arguing the claim against him, he waives the right to challenging personal jurisdiction. To avoid agreeing to personal jurisdiction by general appearance, a litigant must appear by special appearance only. Challenges and objections to jurisdiction should be articulated and placed om the record in written form. Subject matter jurisdiction can be raised at any time and the court must stop the proceedings until it puts subject matter jurisdiction on the record. 

The thing to remember as a self-litigant is there is no telling how a judge is going to react to such challenges. A self-litigant must be diligent in knowing what is required of the court and opposing counsel to have personal and subject matter jurisdiction. We have seen judges simply state they have jurisdiction because it is their courtroom and other lame excuses that do not constitute properly placing jurisdiction on the record.  

This faq was written by Robert Michael on November 27, 2023.
This faq is classified with: Courts and Legal System
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