Immunity prohibits you from suing a person who is performing his/her duties as prescribed by law. When a judge decides a case, he is immune from suit because he is performing the duties directed by law. However, if a judge has operated his car illegally and caused you to be harmed, you can sue him for damages because driving his car does not fall under the duties of being a judge.

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.
Unfortunately for this empirical exercise, district courts do not randomly decide whether to implement a particular reform. If these pro se reforms had been randomly assigned, then this analysis would mimic an experiment, and it would be safer to conclude (provided the statistics suggested so) that any differences in case outcomes shown in the tables below were causal. Without random assignment of pro se reforms to district courts, the conclusions of this analysis may suffer from selection bias. For example, courts that are particularly favorable to pro se litigants might also be more likely to implement reforms. If pro se litigants happened to fare better in these courts, it would be difficult to empirically discern whether litigants fare better because of the reforms or the favorable attitude, and some measure of the district court’s favorability toward pro se litigants could be an important omitted variable.
Even common criminal charges like burglary can be complicated because there are many elements to prove. Also, in any criminal trial, there are many procedural rules that must be followed in court, such as how to make objections and how to enter evidence. Procedural rules can be difficult to learn on the spot, especially if the defendant is in the custody of the court.
Beyond the difficulties specific to civil Gideon, there is also empirical uncertainty regarding the value of access to counsel. Dozens of experimental studies have attempted to shed light on the effectiveness of attorneys in various settings in aiding litigants who would otherwise be proceeding pro se.52 One 2010 meta-study conducted on a selection of prior studies suggested that representation by counsel improved a party’s odds of winning a suit by a factor between 1.19 and 13.79.53 While those numbers suggest that access to counsel probably increases a litigant’s odds of winning a case by at least some margin, the size of the range limits the value of these studies to policymakers.54 There is also debate concerning the quality of most of these studies. A 2012 article by Professor D. James Greiner and Cassandra Wolos Pattanayak looked at dozens of previous studies to quantify the added value of access to counsel and found almost all of those studies were unable to accurately measure the effect of access to counsel.55
81. Some reasons that these reforms may impact prisoners differently from nonprisoners include: differences in the types of cases brought, potentially different access to legal resources (depending on the availability of legal materials in prison), different judicial attitudes toward prisoner and nonprisoner pro se litigants, or different levels of access to counsel. Note that this Comment does not definitively suggest these reforms impact nonprisoner and prisoner pro se litigants differently. Instead, it merely suggests there may be differences and limits the scope of this analysis to nonprisoner pro se litigants.
Herman Melville was an American novelist, short story writer, essayist, and poet. His first two books gained much attention, though they were not bestsellers, and his popularity declined precipitously only a few years later. By the time of his death he had been almost completely forgotten, but his longest novel, Moby-Dick — largely considered a failure d ...more
Public Counsel's Federal Pro Se Clinic can provide free legal assistance to people representing themselves in the U.S. District Court for the Central District of California.  The Clinic does not assist with criminal, bankruptcy, habeas, appeals, or any state cases.  The Clinic does not provide representation in court and cannot find an attorney to represent you.
A video from Washington's judicial branch challenges some mistaken ideas about how courts work by using real person-on-the-street interviews and responses from judges, justices, a court clerk and a state legislator. The video was produced by the Public Trust & Confidence Committee of the Board for Judicial Administration (BJA) in partnership with Washington's public affairs station, TVW, with financial support provided by the Washington State Gender and Justice Commission and Minority and Justice Commission.
Comment—appear to have no more than a 1 percent impact on the percent of pro se litigants that actually win cases in court. Perhaps more likely, they do not actually impact case outcomes at all, and the 1 percent variation is simply noise. Regardless of whether they account for some small improvement, however, these results show that pro se reforms are not significantly moving the needle in terms of case outcomes. Any potential improvement is substantially smaller than what the experimental literature suggests would result from improved access to counsel.112 Hence, compared to pro se win rates with a lawyer, these reforms cannot be considered a meaningful substitute for access to counsel even if they yield a small improvement, at least insofar as the goal is to help pro se litigants win more cases.
61. See, for example, Drew A. Swank, In Defense of Rules and Roles: The Need to Curb Extreme Forms of Pro Se Assistance and Accommodation in Litigation, 54 Am U L Rev 1537, 1583–93 (2005) (arguing that, by playing an active role in the litigation process, a judge becomes an interested party and may become biased—which violates the ideal American judicial role of a “neutral referee”—and may be unfairly advantaged if they are excused for procedural mistakes while represented litigants still bear the costs of procedural mistakes their lawyers may make).
I would never say never and anything is possible in court. But I would say that it really hurts your chances a LOT. There are so many things that could go wrong or you might have an opportunity to win, but not recognize it because you do not know what to look for. If it is worth it to fight this, it is probably worth hiring an attorney. I am sorry to be the bearer of discouraging news. But litigation is always complicated and yours sounds more complex than normal.
I did in fact include the notice advising the defendant’s atty of the consequences of the failure to answer the request, as stated in the ORCP 45 Rule. The 30 days allotted by 45 B have elapsed and I have received no response at all, either admitting, denying or objecting to the request. I’m preparing the Motion To Determine Sufficiency, and I will follow your counsel by including a copy of the Request For Admissions, even though I filed a copy with the Court, along with proof of service, on the day I served the request to the defendant’s lawyer. If the Judge grants the motion, issues an Order… well, my case is halfway won. And, I won’t have to drag a handfull of witnesses into court, against their will, to testify. Many times I’ve felt overwhelmed by this, ready to fold my hand even though I know the defendant’s lawyer is bluffing, trying to intimidate me into giving up. Thank you very much for your knowledge, your advice, and your encouragement. I’m thinking I may very well prevail afterall.
Taking the time to express appreciation or to compliment others around you helps create a positive environment. People who interact in these positive environments become more willing to keep that environment positive, creating mutual support and respect. It is also confidence-building to watch other people become happier and surer of themselves based, in part, on the things you have said to them.
Any reform must simultaneously balance a number of key policy goals: it should ensure the ability of pro se litigants to receive fair trials without unfairly disadvantaging their adversaries, allocate sufficient resources to ensure quick and fair hearings while avoiding overdrawing on judicial and legal resources that might instead be put to more urgent needs,7 and be practicable within the Supreme Court’s current jurisprudence and the statutory authority granted to courts by Congress.
43. Id at 447–48 (citations omitted). Note that safeguards, such as additional forms to elicit relevant information or additional notice about critical issues, are potentially similar, though not identical, to reforms such as giving pro se litigants access to an electronic version of the docket or allowing additional communication with a clerk at the court (the reforms analyzed in Part III).
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
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.

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The clinic has also introduced a unique program that solicits junior lawyers at firms to take or defend depositions for pro se litigants on a pro bono basis. As a former litigator in private practice Tarnofsky recognized that in high stakes litigation, clients often want experienced lawyers handling depositions.  This program has been welcomed by a number of large New York City law firms an opportunity to train the next generation of lawyers. For pro se litigants it means not having to face a tough deposition on their own, and having a far better chance to tell their stories and make the best case or mount the best defense possible.
Comment offers the first publicly available empirical assessment of several pro se reform efforts thus far. The analysis shows that these pro se reforms have not succeeded in improving pro se litigants’ win rates at trial. This Comment thus suggests that, while pro se reforms likely have important merits, such as enabling a more thorough and dignified hearing process for pro se litigants, on average these reforms do not alter the final outcomes of the litigation process.
Consumers have tried to convince courts to set aside arbitration provisions on the grounds that they are unconscionable and deprive them of their day in court. However, these challenges are not usually successful. For example, under the Federal Arbitration Act, arbitration provisions can trump consumers’ rights to file class action lawsuits. (AT&T Mobility LLC v. Conception, 131 S.Ct. 1740 (2011)).

Most slander cases settle. This typically occurs before trial, by way of negotiations between you (or your attorney, if you are represented) and the defendant (or his or her attorney, if represented by one). Additionally, a case may settle through some form of alternative dispute resolution, such as mediation or arbitration. Occasionally, although rarely, the case may settle even before the complaint is filed because of a persuasively written demand letter.


Although this analysis focuses on case outcomes, those are by no means the only potential metric for analyzing the impact of pro se reforms. Another relevant, tangible measure is the length of proceedings. Pro se reforms have the potential to greatly expedite pro se proceedings, helping to ensure that litigants are able to move on with their lives as quickly as possible. Shortened proceedings are valuable in their own right without impacting case outcomes. Less tangibly, it may be the case that pro se reforms improve the litigation experience for pro se litigants and help ensure that they feel they have had a fair hearing in court. Increasing satisfaction with court proceedings is a significant benefit to litigants and also boosts the public perception of the legal system—both valuable outcomes that would not show up in the analysis below.100
Pro Se One Stop Legal Document Services, LLC is not a substitute for an attorney and we do not offer legal advice. We simply recognize the dilemma placed upon the consumer who cannot afford or chooses not to incur expensive attorney’s fees. Without any assistance in preparing legal documents and forms, many consumers go without taking any legal action or simply go at the legal system lost and alone, which often leads to devastating results. Not all legal matters require an attorney. We offer a low-cost alternative by helping you fill out and file the necessary documents and forms; and teach you how to closely monitor your case. We look forward to serving you!

4. Objections: During the examination of a witness, one side may “object” to the questioning or testimony of a witness or presentation of evidence if the attorney feels the testimony or evidence about to be given should be excluded. If the objection is sustained by the judge, that particular testimony or evidence is excluded. If the objection is overruled by the judge, the testimony or evidence may be given. A ruling on an objection may be the basis for appeal; however, in order to preserve the right to appeal, a party must ask the court recorder that that portion of the trial--the question/evidence, the objection, and the ruling-- be transcribed in order to preserve the record for later appeal.


Do your homework and educate the court. It is important, at the outset of a case, for trial counsel to determine if he or she is litigating against a wolf in sheep’s clothing. “When the pro se litigant is really an expert litigant, the court’s sympathy for his presumed inexpertise diminishes markedly.” Scott L. Garland, “Avoiding Goliath’s Fate: Defeating a Pro Se Litigant,” Litigation, Vol. 24, No. 2 (Winter 1998), at 45, 50 (1998). A search of the county or state docket may reveal that the pro se party has actually been involved in numerous lawsuits and maybe has even been deemed a vexatious litigant. Armed with this knowledge, counsel is better equipped to handle both interacting with the self-represented party and convincing the court that the pro se party’s failure to follow the rules warrants sanctions.

Taking the time to express appreciation or to compliment others around you helps create a positive environment. People who interact in these positive environments become more willing to keep that environment positive, creating mutual support and respect. It is also confidence-building to watch other people become happier and surer of themselves based, in part, on the things you have said to them.
77. For more discussion of the nature of these fields and other data contained in the AO dataset, see generally Integrated Data Base Civil Documentation (Federal Judicial Center, 2017), archived at http://perma.cc/LT4F-2W5E. Additionally, several other fields are used in the data processing that is conducted before the analysis, such as using the docket number assigned by the district court to avoid double-counting cases. For more discussion of the data cleaning process, including the data used in that process, see
The Judiciary Act of 1789, one of those laws, states that "in all courts of the United States, the parties may plead and manage their own causes personally." It follows that federal judges must respect the pro se litigants' right to represent themselves. Thus, the Supreme Court and Congress have means to remedy the problems with federal judges who disrespect and ignore the rights of pro se litigants.

Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion, or other paper and state the party's address. . . . The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.

Comment is five to ten years old. Courts may have developed more promising innovations in the meantime, but this type of analysis would not be able to detect those benefits until most or all of the litigation begun in those years has run its course. Additionally, it’s possible that some of these reforms are significantly impacting case outcomes for prisoner pro se litigants, which may separately be an important goal of these reforms.

Await Defendant's Answer.  After being served with the complaint, the defendant will have a prescribed amount of time to file an answer. In California, a defendant usually must file a written response within 30 calendar days of being served. In Federal Court, a defendant only has 20 days. A defendant’s answer will typically include defenses, such as truth or expiration of the statute of limitations.  
However, this book cannot serve as a complete guide to all the rules you need to know. For one thing, the exact rule in your court system may be somewhat different from the example we give. In that event, knowing about another similar rule—either a federal rule or another state’s rule—can help you locate the rule in your state. (See Chapter 23 for information on doing your own legal ­research.) Also, each court system has its own procedural rules that, though important, cannot be covered in this book. For example, local court rules set time limits for filing various kinds of documents and page limits on the length of those documents. You will have to learn and comply with these local requirements.
Though arbitration proceedings are generally less formal than trials, most of the principles ­described in this book also apply to arbitration. As in a trial, you and your adversary present evidence to the arbitrator through your own testimony and the testimony of witnesses. Like a judge, an arbitrator evaluates the credibility and legal significance of evidence to decide whether you win or lose the case.
Some courts issue orders against self representation in civil cases. A court enjoined a former attorney from suing the new lover of her former attorney.[29] The Superior Court of Bergen New Jersey also issued an order against pro se litigation based on a number of lawsuits that were dismissed and a failure to provide income tax returns in case sanctions might issue.[30] The Superior Court of New Jersey issued an order prohibiting a litigant from filing new lawsuits.[31] The Third Circuit however ruled that a restriction on pro se litigation went too far and that it could not be enforced if a litigant certified that he has new claims that were never before disposed of on the merits.[32] The 10th Circuit ruled that before imposing filing restrictions, a district court must set forth examples of abusive filings and that if the district court did not do so, the filing restrictions must be vacated.[33] The District of Columbia Court of Appeals wrote that "private individuals have 'a constitutional right of access to the courts',[34] that is, the 'right to sue and defend in the courts'."[35]
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