Nor do you need to be intimidated by the difficulty of the law or legal reasoning. Your trial will probably be concerned with facts, not abstract legal issues. For the most part, you can look up the law you need to know. (See Chapter 23 for information on how to do this.) Legal reasoning is not so different from everyday rational thinking. Forget the silly notion that you have to act or sound like an experienced lawyer to be successful in court. Both lawyers and nonlawyers with extremely varied personal styles can succeed in court. The advice to “be yourself” is as appropriate inside the courtroom as outside.
3. Many commentators share the same concerns about indigent criminal defendants. However, because criminal defendants are guaranteed access to counsel, they face a somewhat different set of challenges than pro se civil litigants and are not the focus of the analysis of this Comment. For one critical discussion of the treatment of indigent criminal defendants, see generally Stephen B. Bright, Legal Representation for the Poor: Can Society Afford This Much Injustice?, 75 Mo L Rev 683 (2010). But see J. Harvie Wilkinson III, In Defense of American Criminal Justice, 67 Vand L Rev 1099, 1127–29 (2014) (arguing that representation of criminal indigent defendants is generally of high quality).
From Figure 1, it’s difficult to tell whether there is a trend in EDNY meaningfully different from the trend seen in other New York district courts. To investigate this further, this Comment runs the logistic regression described above. Table 4 displays the results of that regression. Because the outcome variable is whether a plaintiff wins or loses a particular case, and each of the independent variables in this regression is a binary dummy variable, the coefficients describe the change in the probability of a case outcome when the variable is set to 1 instead of 0. Hence, a coefficient of 0.5 on the variable “EDNY Reform Dummy” would imply that EDNY Reform increased the chances of a pro se plaintiff winning a case by 0.5 percent.
A person who is incarcerated or is otherwise in custody pursuant to court order may wish to challenge the fact or duration of his confinement. Such a challenge would be brought as a petition for writ of habeas corpus against the person or entity who holds them in custody, e.g., state or county. If the person can successfully show that a constitutional right was violated, which would have otherwise prevented the incarceration ("fact of incarceration") or the duration of the incarceration the court will grant a writ of habeas corpus.
This response is not to be construed as legal advice and is provided for educational purposes only. This response does not create an attorney/ client relationship. The response provides general legal information and education. This response does not address any specifics concerning this inquiry, as the inquiry as written may have omitted details which would make the reply unsuitable. The inquirer is strongly encouraged to consult with an attorney in his or her own state to acquire more information about this issue. Licensed to practice in New Jersey and Pennsylvania.
The judge in my case offered an angry and dismissive "Here we go!" when I argued that he must liberally construe the allegations in my complaint, as the 1972 Supreme Court precedent Haines v. Kerner dictates. He also disregarded the court's own local rules by denying my right to conduct my own voir dire of the prospective jurors, simply because I was proceeding pro se. He berated me in open court for my refusal to retain an attorney, and condescendingly informed me that he didn't think I would prevail at the trial. At various points, including when he urged me to accept the defendant's settlement offer, I felt he was trying to intimidate me simply because I chose to represent myself.
Every agency tends to make its own rules and follow its own unique set of procedures. Many agencies describe their procedures on a website. In addition, an agency will furnish you with its rules as soon as you indicate that you want to file a claim. Be sure to contact the agency, ask for a copy of its rules before initiating a hearing, and follow them. The federal government and every state have an Administrative Procedure Act that provides basic protections in administrative hearings. You should read the applicable law and make sure the agency follows it. You can get information about these laws from a convenient database maintained by Florida State University at www.law.fsu.edu/library/admin.
The United States District Court for the District of Idaho have prepared this handbook specifically for the person who has chosen, for whatever reason, to represent himself/herself as a party to a lawsuit: the pro se litigant. The purpose of this handbook is to provide the pro se litigant with a practical and informative initial resource that will assist in the decision-making process and in the filing of a lawsuit when choosing not to retain the aid of a licensed attorney...
Some pro se litigants who are federal prisoners are subject to the Prison Litigation Reform Act. The American Civil Liberties Union (ACLU) has asserted: ""For over thirteen years, the Prison Litigation Reform Act has denied access to the courts to countless prisoners who have become victims of abuse, creating a system of injustice that denies redress for prisoners alleging serious abuses, barriers that don't apply to anyone else. It is time for Congress to pass legislation to restore the courts as a needed check on prisoner abuse." 54% of judges responding to a Federal Judicial Conference survey use videoconferences for prisoner pro se hearings.:29
Although EDNY created this office partially in response to the growth of pro se litigation in that district, its caseload appears broadly representative of pro se litigation more generally as of 1999, shortly before the creation of the magistrate judge’s office.121 The concerns that led to EDNY’s decision to appoint this special magistrate judge—the difficulty of fairly and efficiently managing the large pro se docket and the need for specialized resources to do so—seem to echo the same primary concerns that other courts and commentators have expressed about the pro se litigation process.122
We strongly recommend that you prepare a trial notebook. A trial notebook is a series of outlines covering matters such as what you must prove (or, if you are a defendant, disprove); the evidence you will use to prove (or disprove) those matters; the topics you intend to cover on direct and cross-examination; a list of the names, addresses, and telephone numbers of your witnesses; and the exhibits you plan to introduce into evidence. The notebook serves as your courtroom manager. You can refer to it to make sure that you do not overlook evidence you planned to offer or an argument you intended to make.
Overall, the analysis in this Section suggests that, though many federal district courts have implemented reforms aimed at improving case outcomes for pro se litigants, they have not yet succeeded in improving those outcomes. Tables 3A and 3B suggest that a variety of policies, each implemented in a substantial number of district courts, have all been ineffective in improving case outcomes for pro se litigants. Similarly, the evidence suggests that even courts that have implemented multiple or many of these policies have not improved outcomes for pro se litigants thus far. Despite the belief expressed by clerks’ offices and chief judges of federal district courts, commentators, and the Supreme Court that these types of measures are effective, the empirical evidence suggests that these measures make no difference in case outcomes.115
There are two court systems in the United States: the state courts and the federal courts. The state courts typically hear matters relating to civil, criminal, domestic (divorce and child custody), probate, and property in accordance with the laws of each state. Matters typically heard by the federal courts involve violation of federal laws; admiralty and maritime matters; United States patent, trademark, and copyright matters; bankruptcy proceedings; proceedings against ambassadors, consuls, and ministers. These matters usually fall into two main categories: (1) federal question cases -- cases which arise under the Constitution, laws, or treaties of the United States; and (2) diversity cases -- civil matters arising between parties who are citizens of different states and the amount in controversy exceeds $75,000.
Importantly, this Comment does not suggest that these reforms have been failures. These reforms may have improved the pro se litigation process by making it feel more humane and easier to understand and by giving litigants a stronger sense that their concerns have been heard. Moreover, these reforms may still ease the burden of pro se litigation on courts by helping courts understand the issues involved more clearly or by moving cases through the judicial system more quickly. The analysis does suggest, however, that district court reforms have been ineffective in improving case outcomes for pro se litigants, and alternative approaches should be considered.
Table 2D shows the most common types of litigation in federal district courts and the frequency with which each type of case involves a pro se plaintiff or defendant. Pro se plaintiffs bring a disproportionately large percent of civil rights and employment discrimination cases. In contrast, pro se plaintiffs rarely bring other types of cases, such as products liability, contract, asbestos, and insurance cases.86 Table 2D also shows that the only types of cases that frequently involve pro se defendants are property cases, which are primarily foreclosure proceedings.87 Perhaps the most important takeaway from Table 2D is that a substantial proportion of many types of cases are brought by pro se plaintiffs. Though there is significant variance—pro se litigants bring 32 percent of civil rights cases but bring a more modest 8 percent of cases involving the government and 2 percent of insurance and product liability cases—pro se litigants are prevalent across many types of cases. Any reforms targeting just one type of lawsuit cannot fully address the scope of issues faced by pro se litigants.
Shauna Strickland. Virginia Self-Represented Litigant Study: Outcomes of Civil Cases in General District Court, Juvenile & Domestic Relations Court, and Circuit Court. (December 2017). This report characterizes Circuit Court civil cases by analyzing caseload composition, the presence of legal representation, the level of case contention, and case outcomes.
91. Property cases are an interesting exception, with a represented plaintiff still 0.88 times as likely to win a case against a represented litigant as against a pro se defendant. Though the noncausal nature of the comparisons weighs against drawing any overly significant inferences from this fact, it does suggest that the trend toward increasing numbers of defendants proceeding pro se in property suits might not be a particularly important issue.
It was very nice of Kenn to share all that esoteric knowledge regarding the litigation process. I think most lawyers would only be interested in non disclosure of their dirty tricks, so many thanks to Kenn. I have not made the decision of going pro se, but even if I don't, the book is still worth to read to attain some understanding of what is going on behind the scenes in one's lawsuit.
He said his interest in the law started 30 years ago when he was a teacher at Michigan City Area Schools and was in a battle with the district over a grievance. He felt one of the school's attorneys hadn't treated him fairly, telling him first he should go to arbitration and then claiming arbitration was illegal after they ruled in his favor, Vukadinovich said. Since then, he slowly started learning about the law, first reading a dictionary of legal terms and then moving on to books about the law.
Welcome to the United States District Court for the District of Idaho. We have prepared this handbook specifically for the person who has chosen, for whatever reason, to represent himself/herself as a party to a lawsuit: the pro se litigant. The purpose of this handbook is to provide the pro se litigant with a practical and informative initial resource that will assist in the decision-making process and in the filing of a lawsuit when choosing not to retain the aid of a licensed attorney. Many reasons exist for filing a lawsuit pro se, for example, the litigant might feel that the cost of an attorney is prohibitive.
Additional studies that help determine the extent to which differences in access to counsel are responsible for the gaps in case outcomes between pro se and represented litigants, especially across a broader range of types of cases, would also be useful. If differences in access to counsel explain differences in case outcomes, the legal community should be more fearful that those without adequate resources are being deprived of meaningful access to the legal system. Moreover, if communities that lack the means to gain access to counsel lack effective legal recourse, despite sometimes having meritorious claims, then the legal community should also worry that bad actors can gain by depriving those communities of legal rights without facing the deterrent effects of litigation. Concerns about exploitative employers may be heightened if more than 2 percent of pro se plaintiffs have fully meritorious claims but only 2 percent of those plaintiffs can effectively seek relief due to difficulties navigating the legal system. Conversely, if lack of access to counsel does not explain poor case outcomes for pro se litigants, perhaps the legal community should focus on other considerations, such as making pro se litigants feel that they have received a fair chance in court and had their grievances heard, rather than trying to narrow the gaps in case outcomes or provide lawyers for more pro se litigants.
But that shouldn't make a difference, as all cases are to be judged on their merits, not by the persons who bring them. By law, every federal judge must take an oath affirming to "administer justice without respect to person, and do equal right to the poor and to the rich," and to "faithfully and impartially discharge and perform all the duties incumbent upon me as judge under the Constitution and laws of the United States."
Narrow exceptions to this principle have also been suggested by other courts in the United States. For example, according to one district court a state-licensed attorney who is acting as pro se may collect attorney's fees when he represents a class (of which he is a member) in a class action lawsuit, or according to another court represents a law firm of which he is a member. In each of those instances, a non-attorney would be barred from conducting the representation altogether. One district court found that this policy does not prevent a pro se attorney from recovering fees paid for consultations with outside counsel. Pro se who are not state-licensed attorneys cannot bring up a class action lawsuit.
This book is designed both to increase your overall understanding of the litigation process and to provide detailed advice about each stage of trial. Unless you are already in the midst of trial and need to refer to a particular chapter immediately, begin preparing to represent yourself by reading through the book as a whole. As you become familiar with the litigation process, you will understand the significance of procedures and techniques that may initially seem peculiar or unnecessary.
Know What the Law Says! One of the biggest case-losing mistakes is mis-reading statutes. If you don’t know what the law says, you’ll have a hard time getting a judge to agree with you! Statutory language must be interpreted according to well-established “rules of statutory interpretation”. The rules of statutory interpretation are vital to winning […]
During divorce proceedings, self-represented parties must adhere to the same rules and procedures as attorneys. This includes filing the necessary paperwork within the time limits specified in the rules of civil procedure, and being aware of what each hearing entails. For some people, the process in a pro se divorce can be more difficult if the other party is represented by an attorney.
78. Civil pro se litigation by prisoners is heavily concentrated in two pseudocriminal types of proceedings: prisoner habeas corpus petitions (nature of suit code 530) and prisoner civil rights petitions (nature of suit code 550). For a more detailed description of these fields, see generally Integrated Data Base Civil Documentation (cited in note 77).