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.
There are several important limitations to using this data. First, the exact date of the survey is unclear and, relatedly, the exact dates that each district court responded that it was employing or not employing these procedures is uncertain. The analysis is conducted using cases filed between 2008 and 2010. Accordingly, if a large number of district courts altered their policies shortly before this survey was conducted or if the survey was conducted substantially before the survey was published, it’s possible that this analysis would undercount the effects of those policies. In either of those scenarios, the full consequences of these reforms might not be seen in the 2008–2010 data sample. However, there is no information suggesting that either possibility is reflected in reality. Courts and commentators have been discussing and attempting to solve the challenges of pro se litigation for decades and implementing reforms for at least a decade; it seems unlikely that they all started implementing these solutions immediately prior to the survey.96
Gideon, the movement has generally focused on providing counsel for indigent parties in proceedings involving threats to their basic needs.47 From the movement’s inception, commentators have been divided over the merits of civil Gideon. Advocates have put forth a number of arguments in favor of civil Gideon. They have argued that representation in civil litigation secures constitutional rights to due process and equal protection of law, is necessary to ensure fair trials, is “sound social policy,” and helps ensure more consistent outcomes for defendants.48 Critics have countered with both direct refutations and alternative suggestions. They have argued that Gideon wasn’t that effective in aiding criminal defendants, so civil Gideon would not be either; civil Gideon would be ineffective notwithstanding the effectiveness of Gideon; civil
Amendments.15 The Sixth Amendment famously states that, “[i]n all criminal prosecutions, the accused shall enjoy the right to . . . the Assistance of Counsel for his defence.”16 The Supreme Court has clarified the scope of the right to counsel in criminal prosecutions through a series of landmark cases, gradually converting a guaranteed right to provide one’s own counsel into a right to
Remember this phrase: Litigation Privilege. The phrase has a formal meaning, but in layman’s language it means that lawyers can do just about anything, especially to a self-represented litigant, to protect their clients. They can lie, steal, cheat–and kill if they could get away with it–to win. Lawyers don’t always need tricks to defeat pro se litigants, but they try them anyway. They can scare defendants into paying more than they owe or settling for far less than they deserve. They’ll use a request for admissions to make pro se litigants “admit” to undeserved liability by not answering. Some will even attempt to keep away your court reporter by lying to you or to your court reporting agency. So keep your eyes open when you’ve cornered a lawyer. Chances are, there’s a trick coming, and when it does, don’t let your emotions get the best of you. Stay focused on your case. Reacting in anger by moving for sanctions, writing letters to the judge, reporting lawyer behavior in a hearing, or moving to disqualify a lawyer makes thinking and strategizing difficult. That’s not to say certain issues shouldn’t be addressed. If you must take an issue head-on, like moving for sanctions, do it strategically so you’ll get the most out of it. Otherwise, only address lawyer antics and judicial bias when it hurts your case, not when it hurts your feelings.
After the jury is empanelled, each side may present an opening statement. Local Rule 39.1. The plaintiff has the burden of proving that plaintiff was wronged and suffered damages from such wrong and that the defendant caused such damages; the plaintiff is therefore allowed to present his statement first. This may be followed by a statement by the defendant.
However, it is not limited to your employment alone. You can do good things by being of service to others in your everyday life as well. You can volunteer, donate, or simply take the time to perform simple acts of kindness for the people you encounter each day. If you can go to bed each evening knowing you have been kind and helpful, that you’ve worked hard, and did things to make life better for yourself or others, confidence will never be a problem for you.

Individual lawyers almost always find it difficult to actually see the bias against the self-represented that pervades our courts, just as a few years ago, judges who complimented woman lawyers on their looks were shocked when they were labeled as sexist. Few lawyers are able or willing to come to terms with the fact that a significant portion of their livelihood is based squarely on barriers to self-representation that the courts erect and enforce.
Melville’s last novel was met mostly with ignorance. Perhaps it was Melville’s form and style, summed by his own words, “There are some enterprises in which a careful disorderliness is the true method.” Though more true of Moby Dick than The Confidence Man, I suspect readers still didn’t quite know what to make of a novel that, despite being orderly by comparison, was nearly three-quarters dialog; without a discerna ...more
I’ve filed and served a request for admissions which the Defendant”s attorney failed to answer within the 30 day period allotted by rule here in Oregon. The rules also state that a failure to answer the request will result in admission of the answers requested. From what I can glean from the rules, I now need to file a “Motion To Determine Sufficiency”. If I fail to file such a motion, can I simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which I no longer must prove at trial?
Having said that, lawyers are trained and experienced in the fields of their practice. In litigation, a lawyer will know the rules of procedure, how things are customarily done in the particular court, the substantive laws that apply to the case, and appellate rulings that may be applicable. Lawyers also have the advantage of being able to give their clients an outside look at the case (clients usually are overly confident that they are correct and that they judge/jury will believe everything that they say and nothing that the other party says). And lawyers are usually much more skilled at negotiating settlements and have the benefit of experience to guide them on fair value of the case.

Lauren Sudeall Lucas is the Faculty Director of the Center for Access to Justice at the Georgia State University College of Law. She serves on the American Bar Association's Standing Committee on Legal Aid and Indigent Defendants and on the board of directors of the Southern Center for Human Rights. She has received research funding for a study regarding the civil legal needs of indigent criminal defendants from the Charles Koch Foundation.


 B. All papers, such as leases, contracts, sales or rent  receipts, letters from or  to the plaintiff or defendant, paid repair bills or three written repair estimates, canceled checks, photographs, and merchandise such as damaged clothing, etc. DO NOT LEAVE YOUR PAPERS AT HOME.  They can only be of help when you show them to the Judge. If you do not know whether certain documents or papers are important or will be needed in the court, be prepared and bring them with you.
According to Boston Bar Association Task Force 1998 report in every court studied by the task force, litigants without lawyers are present in surprising numbers. In some counties, over 75% of the cases in Probate and Family Courts have at least one party unrepresented. In the Northeast Housing Court, over 50% of the landlords and 92% of the tenants appear without lawyers in summary process cases.[40]
For lawyers, in contrast, the legal system is an array of procedures that begin long before trial (and often continue long afterwards). In fact, few cases ever actually make it to trial. Instead, they settle out of court—or are dismissed—because of these pretrial procedures. Although individually justifiable, collectively these procedures create the potential for adversaries to engage in lengthy “paper wars” that you might find harrowing. Many lawyers are fair and reasonable and will not try to “paper you to death.” Never­theless, you have to realize from the outset that representing yourself effectively is likely to require a substantial commitment of time—even if your case never goes to trial.

The State Bar of Georgia provided the number of lawyers by county in 2016. By combining this data with information from the Self Represented Litigation Network, available census data from the 2014 American Community Survey, 2015 statistics from the Federal Communications Commission, data from the Center for Neighborhood Technology, and 2016 information from the Georgia Legal Services Program (GLSP) and the Atlanta Legal Aid Society (ALAS), the map provides insight into attorney representation and other factors that impact access to justice throughout the state.


If you are a judge interested in teaching a lesson to elementary, middle or high school students, please explore Judges in the Classroom. Proven interactive lesson plans are available for download from the website that focus on the law and legal process. You may also sign up as an interested judge to be contacted if teachers from your area request a judge.
Remember, in Chapter II we discussed the five required elements of a lawsuit. Before filing a case in a federal court, you must decide if the court has jurisdiction. Jurisdiction is the authority given a court to hear and decide certain cases. The United States Supreme Court is given its authority by Article III of the United States Constitution. There may be instances when the United States Supreme Court might review a judgment rendered by a state court, but those instances are rare, occurring only when there has been a final judgment or decree of the highest court of the state in which a decision could be had involving a substantial federal question. Normally, the United States Supreme Court reviews judgments rendered by the United States Courts of Appeals, of which there are thirteen federal judicial circuits. The United States Supreme Court has original jurisdiction over matters involving treason and presidential impeachment.
Posner’s resignation is a powerful reminder of the challenges pro se litigants continue to face. His belief that pro se litigants are frequently mistreated in civil litigation and denied a full and fair opportunity to vindicate their claims is neither new nor limited to federal appellate courts.3 Numerous legal commentators have expressed similar concerns.4 Yet, though the belief that pro se litigants are underserved by the legal community is widespread, the full extent of the challenges they face in court is still only partially understood.
3. Motion for Mistrial: Either party can move for a mistrial if, for example, during the course of the trial certain matters which are not admissible such as those mentioned in a motion for limine are presented by any witness either purposely or unintentionally in the presence of the jury. If the jury grants the motion for mistrial, the trial is immediately ended and the jury is dismissed.
Using delaying tactics to maximize the inconvenience and cost of litigation. For example, in the case of GMAC v. HTFC Corp., a deponent (on advice of counsel) provided a long and meandering answer, and in response to the deposing attorney‘s protest stated, “I‘m going to keep going. I‘ll have you flying in and out of New York City every single month and this will go on for years. And by the way, along the way GMAC will be bankrupt and I will laugh at you.”
Patrice, welcome! Looking forward to hearing more about your case inside. Lawyers are good at affect in my experience. That is, they feign certain emotions to prompt or pressure their opponents, and they expect pro se litigants to fall for that more often than other lawyers. I’ve learned to just ignore them and do my work. It’s the judge we need to persuade, not the lawyer, right? It is absolutely up to you how to prosecute your claims, whether all together in one case or separately. Good for you for doing it your way.
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.
What is a Pro Se Complaint? This is, quite simply, a lawsuit that a person files without a lawyer. The ADA Pro Se must be filed in Federal District Court., because the ADA is a Federal law. To find out which US District Court you will be filing your complaint in, look in the phone book blue (or green) pages, under United States Government Offices, "U.S. Courts".

Many years ago, after winning a motion, an older judge asked me to stay behind after the parties left. He took me aside and said simply: "I want you to know that the case before yours today was to protect a little girl who's grandfather thinks it's fun to extinguish cigars on her legs." I knew what he wanted me to know, and I never forgot. Other people's cases are serious, too.
Remember, in Chapter II we discussed the five required elements of a lawsuit. Before filing a case in a federal court, you must decide if the court has jurisdiction. Jurisdiction is the authority given a court to hear and decide certain cases. The United States Supreme Court is given its authority by Article III of the United States Constitution. There may be instances when the United States Supreme Court might review a judgment rendered by a state court, but those instances are rare, occurring only when there has been a final judgment or decree of the highest court of the state in which a decision could be had involving a substantial federal question. Normally, the United States Supreme Court reviews judgments rendered by the United States Courts of Appeals, of which there are thirteen federal judicial circuits. The United States Supreme Court has original jurisdiction over matters involving treason and presidential impeachment.

83. Table 2C simply removes cases classified as “Missing/Unknown” or “Both” from Table 2B and recalculates the percentages. All analyses of cases reaching final judgment in this Comment focus on the subset of case dispositions that commonly reach final judgment. Cases dismissed for want of prosecution, that settle, or that otherwise do not typically receive entry of final judgment on resolution are excluded from these analyses. For more discussion of the calculation methodology, see Appendix: AO Data Processing.


The exclusion of prisoner pro se litigation is a potentially consequential choice. Commentators sometimes discuss trends in prisoner and nonprisoner civil pro se litigation without differentiating between the two classes, but there is no reason to assume that trends in prisoner pro se litigation mirror trends in nonprisoner pro se litigation.80 Prisoner pro se litigation may be an interesting topic of its own. However, most prisoner litigation consists of several unique case types that are pseudocriminal in nature, particularly habeas petitions, that are not necessarily similar to other types of civil pro se litigation. Accordingly, the scope of this Comment excludes cases that are predominantly brought by prisoners in order to focus more narrowly on the dynamics of civil nonprisoner pro se litigation in federal district courts.81
In May 2001, EDNY began one of the country’s more dramatic pro se reform programs, elevating a magistrate judge to a newly created pro se office focused entirely on overseeing pro se litigation and assigning her broad responsibilities for overseeing pro se litigation.117 These reforms were implemented with the intent to help “facilitate access to the courts” for pro se litigants.118
Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin, translating to "for oneself" and literally meaning "on behalf of themselves", which basically means advocating on one's own behalf before a court or other tribunal, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person".
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