10 Steps
for Presenting
Evidence in Court
SELF-REPRESENTED LITIGANTS SERIES
Author: Nancy Ver Steegh, Professor of Law, Mitchell Hamline School of Law,
Consultant, National Council of Juvenile and Family Court Judges
When you go to court, you will give
information (called “evidence”) to
a judge who will decide your case.
This evidence may include information
you or someone else tells to the judge
(“testimony”) as well as items like email
and text messages, documents, photos,
and objects (“exhibits”).
If you don’t have an attorney, you
will need to gather and present your
evidence in the proper way. Courts have
rules about evidence so that judges
will make decisions based on good
information, not gossip and guesswork.
Although the rules can be confusing,
they are designed to protect your rights,
and you can use them to help you plan
for your court appearance.
Even though courts work differently, this
publication will introduce you to the nuts
and bolts of presenting evidence at a
hearing. As you read it, please consider
the kind of help you might want as you
prepare and present your case. Please
feel free to contact the Resource Center
on Domestic Violence: Child Protection
and Custody at 800-527-3223 or visit
the website at www.rcdvcpc.org for
information and referrals. The Resource
Center staff cannot represent you or
give you legal advice, but they can help
answer questions and connect you with
nearby help.
RCDV :CPC
Resource Center on Domestic Violence:
Child Protection and Custody
10 STEPS FOR PRESENTING EVIDENCE IN COURT NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Learn what help is
available.
01
You can locate different
kinds of assistance as
you prepare. You may be
able to find an attorney to
represent you or give you advice about
how to represent yourself. Many courts
provide instructions and forms on their
websites as well as information on the
services available through the court’s
self-help center. The office of the clerk
of court can answer questions and give
you information on court procedures.
Your local domestic violence advocacy
program will help you locate these and
other resources. In addition, an advocate
may be available to go with you to court
and help with safety planning.
You may also want to call The Resource
Center on Domestic Violence at 1-800-
527-3223 for information and referrals
or visit the Resource Center’s website
at http://www.rcdvcpc.org. For more
ideas and tips on where to find help,
please see the Resource Center’s guide
on “10 Ways to Find Help with Your
Case” available on the website.
2
Decide what you
want from the
court and what you
need to show.
02
The information you present
to the judge depends on
what you want from the court
and the law of your state.
For example, if you want a protective
order, a state law (“statute”) will explain
what a judge can order and what you
would need to show. If you want custody
of your child, you should check state
law to find the factors the judge will
consider and whether any special laws
(called “presumptions”) apply to cases
involving domestic abuse.
As noted above, your court may have
a self-help center or a website with
information and forms that will help you
understand the law that applies to your
case. The Domestic Violence Resource
Center has charts that explain what
your state law says on certain issues.
To locate the charts, please visit the
website at http://www.rcdvcpc.org or
call 1-800-527-3223. You can also find
state-specific legal information on the
WomensLaw.org website sponsored by
the National Network to End Domestic
Violence at http://www.womenslaw.
org/index.php. Once you understand
10 STEPS FOR PRESENTING EVIDENCE IN COURT
NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
what you have to show the judge, you
can start to prepare your case.
Identify potential
evidence.
03
Because you know the most
about your situation, you
are in the best position to
identify evidence that you
already have or that might be available.
The information you provide to the court
can come from a variety of sources. You
and other people may talk to the judge
in court (“testify”) or you might show
the judge things like objects, messages,
photos, and documents (“exhibits”).
Below are a few examples of evidence:
Testimony from people including you,
individuals who witnessed events, police
officers, teachers, child care providers,
neighbors, relatives, friends, nurses,
doctors, your children
Exhibits including:
o Photographs (such as pictures of
injuries or damaged property)
o Voicemail and video recordings (such
as threatening messages)
o Communications (such as email, text
messages, letters, Facebook posts)
o Objects (such as broken furniture,
weapons)
o Public and business records (such
as school and medical records,
police reports)
Select the
evidence that
proves what you
need to show.
04
Review the information you
identified and pick out the
evidence that will convince
the judge of the points
you need to explain. Choose evidence
that relates directly (is “relevant”) to
what you need to show (“prove”). For
example, if you are explaining how you
were abused, information about your
injuries will be more important than how
many years of school you completed.
You can use more than one piece of
evidence to prove the same point.
For example, if you are showing that
your partner physically harmed you,
you could prove this through your
testimony, testimony of witnesses who
saw or heard the abuse, pictures of your
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10 STEPS FOR PRESENTING EVIDENCE IN COURT NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
injuries, pictures of broken furniture,
medical records, and/or police reports.
Your testimony alone may be enough
to prove your point, but if you use
additional evidence your case will be
even more convincing.
You may find it useful to prepare a chart
like the one below. A blank chart is
available in Appendix A, near the end of
this publication.
What you want the court
to order
Legal requirements/
factors
Relevant evidence
Order for child to live
with you
Impact of domestic abuse
on child (one of the “best
interests” custody factors
in many states)
Your testimony
Testimony of witnesses
Pictures of injuries
Testimony of child’s
therapist
Medical records
Police reports
No-contact order Fear of further abuse Your testimony
Testimony of neighbor
who heard threats
Email message with threat
Proof of past incidents
of abuse
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10 STEPS FOR PRESENTING EVIDENCE IN COURT
NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Select the
evidence that a
judge can rely on.
05
Some evidence is better
than other evidence. As you
review your list of potential
evidence, select the
information that is the most trustworthy
(“reliable”).
Judges want to hear testimony from
people with first-hand knowledge –
witnesses who actually saw and heard
important events. For example, if you are
proving that you were abused, testimony
from someone who saw the abuse
happen will be more convincing than
stories from someone who wasn’t there
and only heard about the abuse later.
Witnesses (including you) should explain
that they saw, heard, and experienced
what you are trying to show. (Note that
if you plan to ask a child to testify, you
should check on the special rules that
may apply to their testimony.)
Judges also need to know that papers
and objects (called “exhibits”) are
genuine – that they are what they appear
to be and are not made up. Courts have
special procedures for this that are
discussed in the next section.
5
Review how to
present exhibits in
court.
06
Before a judge allows
(“admits”) your exhibits into
the court record, you will
have to explain why they are
reliable and worth considering. Courts
have rules designed to help you do
this, and if you follow them, the judge is
more likely to look at and believe your
information. (If you don’t follow the steps
for an exhibit, the judge will not use it
when deciding your case.)
Appendix B contains some examples
of how to show that your exhibits
are reliable. It includes instructions
for presenting photographs, email
messages, text messages, websites or
social media, voicemail recordings,
video recordings, handwritten notes or
letters, objects, and records. Courts have
different rules about how exhibits are
presented and you should check on the
way it’s done in your court.
Planning ahead is key, and that’s why
you need to understand how to handle
exhibits before you select and gather
them. You may have to spend time
and money obtaining exhibits in the
right form, and this could influence
your decisions about which ones to
10 STEPS FOR PRESENTING EVIDENCE IN COURT NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
use at your hearing. For example,
for some exhibits (like photos and
objects) you can provide the required
explanations when you testify. Other
exhibits (like text messages, voice mail
messages, and webpages) may need
to be put on electronic storage devices
or transcribed. Some documents and
papers may have to be stamped as
authentic and trustworthy (“certified”) by
an official person.
Gather the
evidence you will
present.
07
You already have some
evidence you need and you
may be able to gather more.
For example, you can testify
during the hearing, and you may also
ask witnesses to come to court with
you and testify. You may have photos,
email messages, and text messages. If
you need certified copies of papers like
medical records or police reports, you
can contact the offices that keep them
and ask how to obtain certified copies
and how much it will cost.
If witnesses won’t come to court or
people won’t give you the exhibits
you need, the court can make them
do so using special papers (called
“subpoenas”). The clerk’s office at
your court can tell you how to have
subpoenas issued. Be sure to ask about
how long it takes, what parts of the
process you are responsible for, and
what fees you might have to pay.
Prepare the
exhibits you will
submit.
08
Appendix B shows how
to prepare and present
photographs, email
messages, text messages,
websites or social media, voicemail
recordings, video recordings, handwritten
notes or letters, objects, and records.
If you plan to use exhibits, you should
carefully review the steps and ask
yourself the following questions:
o Is the exhibit in the proper form
(print, transcription, screenshot, on
storage device, certified copy)?
o Do you need to provide it to the other
party ahead of time?
o Have you made enough copies?
o Does someone other than you need
to testify?
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10 STEPS FOR PRESENTING EVIDENCE IN COURT
NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
The other party will have an opportunity
to point out concerns (make an
“objection”) about admitting your exhibits
into the court record. If that happens,
you should ask why the objection is
being made. You will probably have
an opportunity to respond before the
judge rules. If the judge doesn’t admit
the exhibit, you may be able to x the
problem with additional testimony.
Organize your
presentation.
09
Being prepared and
organized will help you feel
confident in the courtroom.
You may want to prepare a
notebook or file containing the following:
o What you want the court to order
o What you need to prove to obtain it
o Your list of witnesses
o The points that each witness
(including you) will testify about
o A list of exhibits
o The procedures to have each exhibit
admitted into evidence
o The exhibits
o A summary of your major points
Organize your materials in a way that
makes sense to you. You should practice
presenting your case so that you will be
more comfortable answering questions
and talking with the judge.
Try to watch a
hearing.
10
Before you have your hearing
you may be able to watch
a hearing at your court.
Attending a hearing will
help you feel more at ease with court
procedures and language. Below are
some things to watch for:
o Where you and the other party will sit
(at separate tables near the front of
the courtroom)
o Instructions you will be given by court
staff about when to stand up and
sit down (such as “all rise” when the
judge enters the courtroom)
o How to address the judge (“Your
Honor”)
o Whether to stand up when talking to
the judge (stand unless the judge
tells you not to)
o How to invite your witnesses to testify
(“Your Honor, I call XXXX as my next
witness”)
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10 STEPS FOR PRESENTING EVIDENCE IN COURT NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
o When you and other witnesses will be
sworn to tell the truth (a court staff
person will administer the “oath”
before a witness starts to testify)
o How to make eye contact with the
judge while you testify
o When and how to ask questions of
the other party and the other party’s
witnesses (“cross-examination”)
o When and how the other party can
ask you and your witnesses questions
(“cross-examination”)
o How to offer your exhibits as evidence
(see Appendix B)
o When and how you and the other
party can object to evidence (“Your
Honor, I object because...”)
Watching a hearing will give you an idea
of how you will feel in the courtroom. You
can imagine yourself testifying in front
of your partner and answering questions
that your partner may ask you on cross-
examination. If you are troubled by facing
your partner or appearing in court, you
should arrange for a domestic violence
advocate or support person to attend
your hearing with you. (Please refer back
to the first page of this publication for
resources on finding help.)
Although you may not have much
experience in court, you know your
situation better than anyone else. You
will be a knowledgeable and persuasive
witness for yourself and your children.
Planning ahead puts you in the best
position to explain what you want to the
judge and use evidence to prove why you
need it.
We wish the best for you
and your children.
This document was supported by Grant Number 90EV0415 from the Administration of Children, Family
and Youth Services, U.S. Department of Health and Human Services (DHHS). Its contents are the
responsibility of the author(s) and do not necessarily represent the ofcial view of DHHS.
8
10 STEPS FOR PRESENTING EVIDENCE IN COURT
NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Appendix A
Identifying Possible Evidence
What you want the
court to order
Legal requirements/
factors
Relevant evidence
Example:
Order for child to live
with you
Example:
Impact of domestic
abuse on child (one
of the “best interests”
custody factors in
many states)
Your testimony
Testimony of witnesses
Pictures of injuries
Testimony of child’s therapist
Medical records
Police reports
Example:
No-contact order
Example:
Fear of further abuse
Your testimony
Testimony of neighbor who heard
threats
Email message with threat
Proof of past incidents of abuse
9
10 STEPS FOR PRESENTING EVIDENCE IN COURT NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Appendix B
Exhibits
Below are a few examples of the questions and procedures to follow so that a judge
will allow your exhibits to be admitted into the court record. The instructions assume
that you will be the witness introducing a photo, e-mail message, text message,
website or social media, voicemail, video recording, handwritten note or letter, and/or
object. (Note that for public and business records, you may need a witness other than
you, or a certified copy.)
Exhibit: photograph (printed)
Witness: you
1. Ask the court clerk to mark the printed photo with an exhibit number (the clerk
will know how to do this).
2. Show it to the other party (or his or her attorney) and show it to the judge.
3. Explain that the exhibit is a photo and what it is in the photo (person,
scene, etc.).
4. Explain that you were familiar with what is in the photo at the time of the
relevant event.
5. Explain that the photo is a fair and accurate representation of the scene,
person, etc., at the time of the event.
6. Ask the judge to admit the photo into evidence.
7. If admitted, explain how the photo supports what you are showing.
Tips:
o Print the photo you will bring to court.
o You may want to print three copies of the photo – one to give to the other party,
one to admit into evidence, and one for you to keep.
o You do not need to be the person who took the photo.
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10 STEPS FOR PRESENTING EVIDENCE IN COURT
NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Exhibit: email message (printed)
Witness: you
1. Ask the court clerk to mark a printed copy of the email message with an
exhibit number.
2. Show it to the other party (or his or her attorney) and show it to the judge.
3. Explain that the exhibit is an email message.
4. Identify the date, the address it was sent from, and the address it was sent to.
5. Explain that you recognize the email message and that you sent or received it.
6. Explain that it is a complete and accurate copy of the email message.
7. Ask the judge to admit the email message into evidence.
8. If admitted, explain how the email message supports what you are showing.
Tips:
o Print the email message you will bring to court.
o You may want to print three copies of the message – one to give to the other
party, one to admit into evidence, and one for you to keep.
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10 STEPS FOR PRESENTING EVIDENCE IN COURT NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Exhibit: text message (printed, photographed, or transcribed)
Witness: you
1. Ask the court clerk to mark a printed copy, photograph, or transcript of the text
message with an exhibit number.
2. Show it to the other party (or his or her attorney) and show it to the judge.
3. Explain that the exhibit is a text message.
4. Explain whether you sent or received the text and identify the phone
number the text was sent from and the phone number where it was
received.
5. Explain how you printed, photographed, or transcribed the text.
6. Explain that it is a complete and accurate copy of the text message.
7. Ask the judge to admit the text message into evidence.
8. If admitted, explain how the text message supports what you are showing.
Tips:
o You should decide ahead of time whether to print the text messages,
photograph them, or transcribe them (type or write exactly what they say). You
will not be able to show them on your phone.
o You may want to bring three copies of the text message – one to give to the
other party, one to admit into evidence, and one for you to keep.
Exhibit: handwritten note or letter
Witness: you
1. Ask the court clerk to mark the document with an exhibit number.
2. Show it to the other party (or his or her attorney) and to the judge.
3. Explain that the exhibit is a handwritten note or letter.
4. Explain that you are familiar with the handwriting of the alleged writer and
how you became familiar with the person’s writing.
5. Explain that you believe that the exhibit contains the person’s handwriting.
6. Ask the judge to admit the handwritten document into evidence.
7. If admitted, explain how the note or letter supports what you are showing.
Tips:
o You can bring three copies of the note or letter – one to give to the other party,
one to admit into evidence (the original), and one for you to keep.
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10 STEPS FOR PRESENTING EVIDENCE IN COURT
NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Exhibit: website or social media (printed screenshot)
Witness: you
1. Ask the court clerk to mark a printed copy of the screenshot with an exhibit
number.
2. Show it to the other party (or his or her attorney) and show it to the judge.
3. Explain that the exhibit is a printed screenshot of a website.
4. Explain when and how you visited the website.
5. Describe the website and how you recognized it.
6. Explain that you took the screenshot, including the date and time.
7. Explain that it is a true and accurate copy of what you saw on the screen.
8. Ask the judge to admit the printed screenshot into evidence.
9. If admitted, explain how the screenshot supports what you are showing.
Tips:
o You should print the screenshot to bring to court. You cannot show the website
or social media on your phone or computer.
o You may want to print three copies of the screenshot – one to give to the other
party, one to admit into evidence, and one for you to keep.
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10 STEPS FOR PRESENTING EVIDENCE IN COURT NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Exhibit: voicemail recording (on storage device or transcript)
Witness: you
1. Provide a copy of the recording on a storage device (and the transcript if you
intend to use one) to the other party (or his or her attorney) in advance of the
court date.
2. Ask the court clerk to mark the storage device and/or transcript with an exhibit
number.
3. Tell the judge how and when the other party (or his or her attorney) received a
copy of the recording (and transcript if you use one) and show it to the judge.
4. Explain that you are familiar with the voice of the person who was allegedly
recorded.
5. Explain that you listened to the recording and whose voice you heard.
6. If transcribed, explain how you made the transcription.
7. If transcribed, explain that it is a complete and accurate transcription of
the recording.
8. Ask the judge to admit the recording or transcript into evidence.
9. If admitted, explain how the voice mail recording supports what you are
showing.
Tips:
o You will need to transfer the recording to a storage device such as a memory
stick or CD that you can give to the other party and leave at the court. If you
use a transcript, you will need to prepare and print it.
o Provide a copy of the recording (and transcript if you create one) to the other
party as far ahead of the hearing as possible.
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10 STEPS FOR PRESENTING EVIDENCE IN COURT
NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Exhibit: video recording (on storage device)
Witness: you
1. Provide the other party (or his or her attorney) with a copy of the video
recording in advance of the court date.
2. Ask the court clerk to mark the storage device containing the video with an
exhibit number.
3. Tell the judge when and how a copy was provided to the other party (or his or
her attorney).
4. Explain that you observed the relevant event(s).
5. Explain that you have seen the video.
6. Explain that the events are accurately and completely recorded on the video.
7. Ask the judge to admit the video recording into evidence.
8. If admitted, explain how the video supports what you are showing.
Tips:
o You will need to transfer the video to a storage device such as a memory stick
or CD that you can give to the other party and leave at the court.
o Provide a copy of the video to the other party as far ahead of the hearing as
possible.
o You do not need to be the person who recorded the video.
Exhibit: physical objects (clothing, weapons, household items, etc.)
Witness: you
1. Ask the court clerk to mark the object with an exhibit number.
2. Show it to the other party (or his or her attorney) and show it to the judge.
3. Identify the object and explain how you recognize it.
4. Explain that you know what the object looked like on the relevant date.
5. Explain that the object is in the same or substantially same condition as at
the relevant time.
6. Ask the judge to admit the object into evidence.
7. If admitted, explain how the object supports what you are showing.
Tips:
o If the object is not unusual in any way, you may need to explain that it has been
in your possession since the events in question.
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10 STEPS FOR PRESENTING EVIDENCE IN COURT NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Exhibit: public and business records (medical, school, police reports, etc.)
Witness: a person who keeps the records or is otherwise familiar with them
1. Ask the court clerk to mark the record with an exhibit number.
2. Show it to the other party (or his or her attorney) and to the judge.
3. Hand it to the witness and ask the witness to identify the record.
4. Ask if the witness is familiar with or keeps such records.
5. Ask the witness if the record was made at or near the relevant time.
6. Ask if the record was made from information provided by someone with
first-hand knowledge.
7. Ask the witness if the record was made in the regular practice of the
business activity.
8. Ask the witness if the record was kept in the course of a regularly
conducted business activity.
9. Ask the judge to admit the record into evidence.
10. If admitted, proceed with the questions you want to ask about it.
Tip:
o Some public records may be admitted without testimony if a certified copy is
presented to the judge. If your court allows this, you would need to obtain and
possibly pay for the certified copy.
