How to Represent Yourself in Magistrate Court

By Gracie Davis – Deputy Executive Assistant at West Virginia Senior Legal Aid

So, you have found yourself headed to magistrate court in West Virginia, and you are thinking about representing yourself. Maybe you have watched one too many pieces of legal media and feel ready to channel your inner Atticus Finch, or perhaps you are inspired by Elle Woods’ cunning courtroom antics. While West Virginia Senior Legal Aid cannot promise you will become a Hollywood Walk of Fame legal star overnight, we can help you navigate the process with confidence and competence!

Magistrate courts in West Virginia handle a variety of cases, including small claims, misdemeanor criminal cases, traffic violations, and civil cases where the amount in controversy is $10,000 or less. Magistrates are judicial officers who preside over these cases, and while they are not required to be lawyers, they do undergo significant legal training. An important thing to note is that you are not expected to know everything like someone with a legal background, so those around you will be lenient.

Before your court date, know your case. Start by understanding the specifics of your case. Review all received documents (e.g., the complaint, summons, or ticket). Know the key facts, legal issues, and any deadlines. One paramount deadline is the deadline for your answer to the complaint. Typically, you will have 20 days from the date of service to file an answer.

Draft your answer by first replicating the complaint’s caption, then respond to each allegation by admitting, denying, or stating that you lack sufficient information to admit or deny, which acts as a denial. Include any affirmative defenses that apply (e.g., statute of limitations or consent) supported by relevant facts. If applicable, incorporate any counterclaims against the plaintiff or crossclaims against other defendants. Conclude your answer by summarizing your response and stating your desired outcome, such as dismissing the complaint or awarding damages. Sign and date the document, providing your contact information. File the answer with the court where the complaint was filed and serve a copy to the plaintiff or their attorney following proper service procedures. Finally, keep a copy of the filed answer and related documents for your records.

What if you instead need to draft a complaint? Start by preparing the caption, which includes the court's name, the parties’ names, and a space for the case number. Title the document as “Complaint” and briefly introduce the nature of the case and the parties involved. Explain why the court has jurisdiction and why the venue is proper. Provide detailed information about the plaintiff and defendant, including their names and addresses. Present a clear, chronological statement of the facts, numbering each paragraph. For each claim, provide a separate section, clearly labeling and numbering each cause of action, and state the legal basis supported by the facts. Specify the type and amount of damages you are seeking and include any other forms of relief requested. Conclude with a “Prayer for Relief,” summarizing your requests. Sign the complaint and include your contact information. If required, add a verification statement swearing that the facts are true to the best of your knowledge. Finally, file the original complaint and copies with the court, ensuring you served the defendant according to local rules.

Spend time researching West Virginia laws relevant to your case. Websites like the West Virginia Legislature’s site can provide statutes and regulations that apply to your situation. Libraries and online resources can also be helpful.

Gather all the evidence that supports your case. This can include documents, photographs, videos, texts, witness statements, etc. Organize them neatly in a folder or binder and label each item as Exhibit A, B, C, etc. – also include page numbers if something is more than one page. Introduce your evidence methodically. Explain what each piece of evidence shows and why it is important. If you have witnesses, call them to testify. If the other side has witnesses, you can ask them questions. Stay respectful and stick to questions that help your case.

Plan what you are going to say. Write a concise outline of your arguments with a focus on the key points and practice speaking clearly and confidently. Try explaining your case to a friend, family member, court clerk, etc. to get feedback.

As shallow as it sounds, first impressions matter. Dress in business casual or formal attire to show the court that you take the proceedings seriously. Give yourself plenty of time to get dressed, arrive, find parking, go through security, and locate your courtroom. Arriving early also gives you a chance to calm your nerves. Additionally, there are some basic court etiquette rules to know. Stand when the judge or magistrate enters or leaves the room, address the magistrate as “Your Honor,” and avoid interrupting others while they speak. If you are worried about forgetting your point, bring some materials to jot down your points.

Upon arrival, check in with the court clerk. They can provide you with any additional instructions or forms you might need. County clerks are a good resource at any point in this process, they are likely to help with anything in this process.

During your closing argument, summarize the evidence and restate why the court should decide in your favor.

After the court hearing, wait for the decision. Sometimes, the magistrate will decide immediately; other times, they may take some time to deliberate. Remember to be patient, cool, and collected throughout the process. Once the decision is made, make sure you understand the outcome and any further actions you need to take. If you are uncertain about anything, do not hesitate to ask the magistrate or court clerk. Also, if the judgment involves actions you need to take (e.g., paying a fine or complying with a court order), make sure you follow through promptly to avoid additional legal issues.

Remember, representing yourself in court is no small feat. It is normal to feel daunted, but with careful preparation and a positive attitude, you can navigate the process effectively. Who knows? Maybe one day you will look back on this experience and chuckle, realizing it was not quite as dramatic as those Hollywood courtrooms. Instead, you will see it as an important chapter in your real-world legal adventure. Good luck!

For further aid, please contact a licensed attorney. West Virginia Senior Legal Aid is dedicated to defending West Virginia seniors’ rights.