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Representing Yourself in Court

Making the Decision to Represent Yourself in Court

You may find you need to go to court to settle a dispute with a business or a neighbor, file for a divorce or collect child support. Many people hire a lawyer to take their case to court. A lawyer has training and experience and understands how the legal system works.  

You have the right to represent yourself in state courts. In fact, many people in South Dakota go to court without a lawyer. Some people can’t afford to hire a lawyer and choose to represent themselves because they wish to handle their own case without an attorney. However, just because you can represent yourself, doesn't always mean you should. You should make an informed decision that is best for you and your case. 

If you want to represent yourself in court, it’s a good idea to start by talking to a lawyer about your problem. Find out if your case is a simple matter or one that could get complicated. Ask what it would cost to hire a lawyer to handle the case for you and then decide what is best for you.

In criminal cases, if you cannot afford a lawyer the court may appoint one for you. Learn more. 

You may need a lawyer if:

  • You have a case that is, or may become, complicated.
  • You want legal advice.
  • You want to discuss strategies for your case such as where to file, what to file and other decisions.
  • You want a confidential, lawyer-client relationship.
  • You are worried that the other side might not be fair and want a lawyer's expertise.
  • You will have a jury trial, which involves complex decisions about selecting the jury and presenting your case effectively to them.
  • You are too emotionally close to the case and have a hard time seeing things objectively.
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You may not need a lawyer if:

  • Your case is straightforward and there is no opposing side, like in a petition to change your name, or if you are in agreement with the other side, like a guardianship that everyone has agreed upon.
  • You understand your options and can make informed choices about your case.
  • You are willing to learn and understand the laws, rules and procedures that apply to your case.
  • You can spend the time to prepare for your case.
  • You can follow written instructions and work on your own.

The Guide to Representing Yourself in South Dakota Courts provides an overview of how the court system works and provides important information for representing yourself in court. 

Guide to Representing Yourself

Learn About Representing Yourself in Court

Court Resource Guides

Guide to Representing Yourself

Provides an overview of how the court system works in South Dakota and provides important information for representing yourself in court.

Guide to South Dakota Courts

Provides an overview of the South Dakota court system, its structure and processes. Covers criminal, civil, small claims, probate and guardianship, and family cases.

Guide to Small Claims Court

Explains how individuals can resolve small financial disputes without lawyers, including processes, fees and court procedures.