Pro se representation refers to a situation in which a person decides not to be represented by an attorney in a civil or criminal court case. The right of an individual to choose pro se representation dates back to pre-Constitutional times in the U.S. Although individuals have the right to represent themselves during legal actions, there are certain requirements. For example, the individual must have the mental capacity necessary to represent himself, which may be determined by the court, if questioned. Additionally, an individual choosing pro se representation must observe all of the rules of the legal action and the courtroom, just as an attorney would be expected to do.
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.
The disdain by federal judges against pro se litigants is a serious problem in our country, which the Supreme Court and Congress should rectify. Perhaps some judges have seen too many frivolous pro se lawsuits for their liking. Surely many such lawsuits are not meritorious, and the majority are brought by prisoners. Perhaps this is why some judges read only as far as " pro se" before rolling their eyes.
123. Note that this does not necessarily imply the pro se reforms in EDNY are failing to improve the litigation process for pro se litigants. See notes 97–100 and accompanying text. It is conceivable that, for example, the reforms in EDNY have led to higher average settlement values for pro se plaintiffs and thus improved overall outcomes for pro se litigants. Moreover, there could be important benefits to a litigation process in which pro se litigants feel more fully heard and in which the process is more dignified for pro se litigants. This office could be creating large benefits for pro se litigants in EDNY overall. However, this analysis is restricted to case outcomes. Further, the pro se reforms in EDNY may be making a positive impact in terms of the efficiency side of the equation, helping to dispose of pro se cases more quickly and efficiently than would otherwise be the case and reducing the overall burden of pro se cases on the court despite not improving case outcomes for pro se litigants.
48. Andrew Scherer, Why People Who Face Losing Their Homes in Legal Proceedings Must Have a Right to Counsel, 3 Cardozo Pub L Pol & Ethics J 699, 701–03 (2006). See also, for example, Ramji-Nogales, Schoenholtz, and Schrag, 60 Stan L Rev at 384 (cited in note 47). The arguments in these articles focus on civil litigation regarding housing or immigration, but the arguments hold more generally when a party’s ability to vindicate important interests is at stake.
The Center helps judges and courts advance access to civil justice, especially for poor and low-income individuals, by offering resources on 15 strategies and technical assistance. It works closely with the Conference of Chief Justices, the Conference of State Court Administrators and other national court organizations to implement access-to-justice solutions.
Despite courts’ and commentators’ optimism about these reforms, there has been no publicly available empirical analysis of the effects of these reforms on case outcomes in pro se litigation thus far. There is some literature discussing the impacts of pro se court reforms in a more general sense,74 but that literature does not focus on the effect on case outcomes. This Comment seeks to fill that gap by providing an initial analysis of how reforms implemented by courts thus far have impacted case outcomes for pro se litigants.75
Jurisdiction is the authority given a court to hear and decide certain cases. For a court to render a valid judgment, it must have both jurisdiction over the subject matter of the controversy and jurisdiction over the persons or entities involved. The court system is described more fully in Chapter IV of this handbook; however, to file a case in federal court, you must meet at least one of two important criteria:
From October 2016 through September 2017 clinic staff members assisted 874 individuals in a variety of ways. In most cases, staff and volunteers provide advice and counsel, including providing referrals to other services or pro bono attorneys. In some cases, clinic staff members provide more extensive assistance, such as helping litigants draft court filings.
A pro se litigant is an individual who is representing himself in a civil court action. While the law allows nearly anyone to be a pro se litigant, and to appear in court on their own behalf, there are some limitations. For example, a pro se litigant, or self-represented litigant, cannot represent others. This places certain limitations on pro se representation, such as: