To continue the first tip, one of the best things you can do is exude confidence in your physical mannerisms. This means standing up straight, having good posture, speaking with a confident voice, and making eye contact. There may be days when doing these things is difficult. There may even be days when you feel as if you are being phony by putting on this external face when you don’t feel that way internally.
Designed to be distributed by County Clerks and Superior Court Administrators’ offices.  This document addresses civil actions in superior court and outlines how to start an  action against someone else, how to defend yourself from an action, terms you need to know, what to wear and how to act in court and a list of helpful phone numbers and websites.
As Tables 2.2 and 2.3 demonstrate, the presence of a pro se plaintiff or pro se defendant dramatically changes the dynamics of litigation. When both parties are represented and there is a recorded final judgment for either the plaintiff or the defendant, the plaintiff and the defendant each win roughly 50 percent of the time. When the plaintiff proceeds pro se, the plaintiff instead wins about 4 percent of the time. When the defendant proceeds pro se, the plaintiff wins 86 percent of the time. These differences are stark. A represented defendant will nearly always prevail over a pro se plaintiff in court. A represented plaintiff will win almost as consistently against a pro se defendant.
Find out what your jurisdiction does. If they don’t have them, it’s worth it to bring your own. If a hearing means anything to you, the money you shell out for a court reporter will pay back in spades. If it’s difficult to pay for a court reporter, try to stretch those hearings out as long as you can. If you’re in a multi-year case, you might have a hearing only 3 times per year anyway. If you find you’re having more and can’t afford it, prioritize them. This also helps you think strategically about your case.

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.


Her situation was far from unusual. Judges, lawyers and other court personnel said in interviews that an increasing number of people over the last few years have been representing themselves in family cases, which include divorces and child-support and paternity hearings. The judges and lawyers said most people are representing themselves because they can't afford lawyers. And since there is usually no guaranteed representation in Family Court, like in criminal cases, and legal aid groups don't have the staff to step in, these "pro se" litigants are being forced to go to court alone.
After each side presents testimony and evidence, the jury delivers his charge to the jury, usually in the form of written instructions. Each side may present proposed written instructions to the judge for consideration. After the judge has considered all proposed instructions, the jury is given each instruction which sets forth the jury’s responsibility to decide the facts in light of the applicable rules of law. The jury then returns a verdict granting favor to the plaintiff or defendant and assesses damages to be awarded, if any.
  People have generally three epochs in their confidence in man. In the first they believe him to be everything that is good, and they are lavish with their friendship and confidence. In the next, they have had experience, has smitten down their confidence, and they then have to be careful not to mistrust every one, and to put the worst construction upon everything. Later in life, they learn that the greater number of men have much more good in them than bad, and that even when there is cause to blame, there is more reason to pity than condemn; and then a spirit of confidence again awakens within them.
I am a member iPod this website and a Pro Se litigant. I do not feel pitted against opposing counsel at all. I have four attorneys representing defendants in my suit. I can clearly see those ethically defending their clients to the best of their ability and I also see two of them reverting to sneaky tricks, underestimating me as a Pro Se litigant and not following the law. The articles on this site that you seem to think are misguiding people are very helpful in understanding the behavior of those, less ethical, of your colleagues than you may be! This is a resource for people with sixth amendment rights. If you would like to represent me, pro bono, in my multi million dollar defamation suit, please contact me!
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.

Slander (a form of defamation) is a wrongful act where someone makes a false statement of fact (defamatory statement) that injures the reputation of another. If you've been the victim of slander, you're entitled to pursue compensation for any resulting damages. In this article, we’ll provide an overview of the litigation process as it relates to slander claims.

128. However, this result is not robust against a different choice of years. For example, while the point estimate is still negative, the 95 percent confidence interval for a regression run on data from 1999 through 2006 includes zero (though the 90 percent confidence interval does not). Thus, the better takeaway at this point is not that the reform has had a negative impact on win rates but that it has not had a significant positive impact on win rates.
62. See, for example, Robert Bacharach and Lyn Entzeroth, Judicial Advocacy in Pro Se Litigation: A Return to Neutrality, 42 Ind L Rev 19, 34–35 (2009) (arguing that “ad hoc” rules applied to pro se litigants often end up disadvantaging rather than aiding pro se litigants, and specifically describing how attempts by judges to help pro se litigants make initial claims could lead to more dismissals of those claims, thus threatening their pauper status).
As we read we can let the words gently flow over us. We can let the words quietly be spoken to us in there own sweet way. We can let ourselves open to the thoughts and their meanings, the ideas and their origin, the phrases and the understandings that they have ready for us. Ready for us to assimilate and take on board. If we let them filter through and allow the words their power to move and rejuvenate. If we let ourselves be uplifted and filled with their sometimes hidden insights. Too gently and slowly to impact on our lives as we read - and in the future when we recall their meaning for us.

Table 3C tells a similar story as Tables 3A and 3B. Although there is some variation in the win rates, there is no discernable pattern. Pro se litigants do not consistently have better case outcomes in districts that have implemented more policies aimed at improving the lot of pro se litigants. Instead, the win rates of pro se litigants deviate only a couple of percentage points from the overall average win rates for pro se litigants even in districts that have implemented three, four, or more of the policies considered in this Comment.

This notion is particularly crucial when defense counsel files a motion for summary judgment. The court will be less tolerant of a pro se plaintiff’s pleading deficiencies if the plaintiff was made aware of the complexities involved in responding to a summary judgment motion. In fact, the pro se plaintiff will have been alerted that perhaps they should engage counsel at this point in their case, and failure to do so may not serve their best interests.
Some still remain skeptical about pro se reform. Commentators have argued that unfair advantages for pro se litigants correspond to unfair disadvantages for their opponents in civil proceedings, that tweaking the court system specifically for pro se litigants undermines the rule of law, and that reforms may lead courts to devote more resources to cases that often prove frivolous.61 Other detractors of trial-court reform for pro se litigants have opposed it on opposite grounds, arguing that these reforms may be counterproductive and harm pro se litigants62 or that they don’t go far enough and that civil Gideon is needed to fully protect the rights of pro se litigants.63
62. See, for example, Robert Bacharach and Lyn Entzeroth, Judicial Advocacy in Pro Se Litigation: A Return to Neutrality, 42 Ind L Rev 19, 34–35 (2009) (arguing that “ad hoc” rules applied to pro se litigants often end up disadvantaging rather than aiding pro se litigants, and specifically describing how attempts by judges to help pro se litigants make initial claims could lead to more dismissals of those claims, thus threatening their pauper status).
People who can't afford a lawyer are a rebuke to the organized bar's monopoly over legal services, because that monopoly is morally--if not legally--justified only if the legal profession is able to provide affordable justice for all. The lawyer bias against the self-represented is a clear case of blaming the victim--even though for years, the ABA has admitted that 100 million Americans can't afford lawyers.

Commentators writing about pro se litigation over the past twenty years have typically described pro se litigation as a large and growing portion of the federal docket.79 However, when the scope of the inquiry is limited to nonprisoner pro se litigation, this trend does not show up in the AO data. There has been a meaningful upward trend in the total number of pro se cases. But the percent of cases brought by pro se plaintiffs has not changed significantly, as seen in Table 2A, suggesting pro se litigation comprises a relatively stable portion of the federal docket.
While some (or several) attorneys are honest, there's a simple reason why no lawyer will defend your position as sternly you would: An attorney won't risk his/her cushy or soft-spoken relation with the judges in that court, lest the attorney finds himself (herself) forced to move his practice to another county/district/jurisdiction. In that sense, your cause is compromised by the lawyer without you knowing it.
The relative win ratios tell a similar story. There is wide variance based on the type of lawsuit being brought, but represented litigants consistently have far better outcomes than pro se litigants in court. When both parties are represented, plaintiffs win at a rate between 1.4 and 42.1 times as often as when only the defendant is represented. By contrast, a represented plaintiff is roughly 0.2 to 0.9 times as likely to win a case against a represented defendant as against a pro se defendant.91
If you or anyone you know is facing foreclosure, or has already lost a property to foreclosure, and want to sue for mortgage fraud, foreclosure fraud, wrongful foreclosure, or quiet title to your home FRAUD STOPPERS PMA can help you save time and money and increase your odds of success getting the legal remedy that you deserve. If you have received a Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) and you want to know how to respond to the Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) join FRAUD STOPPERS PMA today because FRAUD STOPPERS has a proven system to help you fight to save your home from foreclosure and sue for mortgage fraud. FRAUD STOPPERS turnkey Quiet Title Lawsuit package or Wrongful Foreclosure Lawsuit package includes a court ready complaint (petition for damages), Bloomberg Securitization Audit, Expert Witness Affidavit, Application for Temporary Restraining Order (to stop a foreclosure sale or stop an eviction), Lis Pendens (to cloud the marketability of the title to the real property), and Pro Se legal education material that can show you how to win a Quiet Title Lawsuit or win a Wrongful Foreclosure Lawsuit. This entire court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package can help you save money in legal fees and help you increase your odds of success. Join FRAUD STOPPERS PMA today and get mortgage fraud analysis and the facts and evidence you need to get the legal remedy you deserve at www.fraudstopper.org/pma
Aside from her family appellate matters, Christa has also been successful in small claims. In 2017 Christa brought a pro se complaint against an auto body repair shop after it made faulty repairs to her vehicle. The shop hired an aggressive attorney, but Christa successfully pushed the case to a settlement for the full amount of her claim. Although Christa cannot and will not offer legal advice, she genuinely engages with her clients, is always happy to lend a listening ear and to share her own pro se experiences. Christa encourages her customers to educate themselves of the system and the laws which she believes results in an empowered and confident pro se litigant.  

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.


Handling Cases Involving Self-Represented Litigants: A Benchguide for Judicial Officers. (January 2007). Center for Families, Children, and the Courts. California Administrative Office of the Courts This comprehensive bench guide, the first of its kind, was designed to help judicial officers handle the increase in cases involving self-represented litigants. Twelve chapters of helpful suggestions are provided, along with sample scripts and checklists.

The Sixth Amendment guarantees criminal defendants the right to representation by counsel.  In 1975, the Supreme Court held that the structure of the Sixth Amendment necessarily implies that a defendant in a state criminal trial has a constitutional right to proceed without counsel when he voluntarily and intelligently elects to do so. See Faretta v. California, 422 U.S. 806 (1975).  Thus, an unwilling defendant may not be compelled by the State to accept the assistance of a lawyer.  A defendant's right to self-represenatation in federal criminal proceedings is codified in 28 U.S.C. § 1654. 


The Local Rules of the District of Idaho cover all phases of trial preparation from the pretrial conference to the satisfaction of judgment. The following information is not meant to be all inclusive and you should always consult the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of Idaho to find out what the court requires of all parties when filing suit and participating in trial. Local Rule 16.1 sets out those pretrial requirements that all parties should be aware of. At the time of filing the initial complaint, parties must request a jury trial or court trial.
Not surprisingly, this disparity in legal knowledge and skill on the part of pro se litigants produces a host of unique problems for the courts and the bar in general and, in particular, for trial counsel. Nevertheless, despite the many challenges they bring to the table, pro se litigants are here to stay, and their numbers are steadily growing. According to the National Center for State Courts, the number of pro se litigants in civil cases continues to rise, and there is every reason to believe this trend will continue. https://www.ncsc.org/. In fact, the number of annual non-prisoner pro se filings each year in federal courts alone tops about 25,000 and constitutes a significant section of the federal caseload. Jefri Wood, Pro Se Case Management for Nonprisoner Civil Litigation (Fed. Judicial Ctr. Sept. 28, 2016).
Also, I don’t know what this obligation is to give access to justice that is apparently on the shoulders of individual lawyers. I only know of the 6th Amendment right to an attorney for defendants in a criminal trial, in which case any lawyer could be appointed to represent a defendant; I know of no other obligation to make legal services available to everyone on demand. But you can’t seriously tell me that you don’t pit pro se litigants against lawyers and publish the articles you do. I know some lawyers who are pretty burnt out dealing with pro se nonsense, and I know some who are more generous to those who play lawyer for themselves, but when your opposing counsel is a pro se litigant who can’t distinguish you from your client, or doesn’t understand why you’re representing your client vigorously and then goes on the defense, you wish you could just tell them what is obvious to you: it’s not about them. For example, I might be hesitant to encourage Tanya here to represent herself since she doesn’t seem to understand the difference between pro bono and contingency and statutes and case law, and that she hasn’t actually found any case law yet before deciding to pursue her lawsuit on her own and presenting what may be a matter of first impression, but that’s not my business…
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.
4. If you or your group made any effort to inform business owners in your area about the ADA, you might want to make a Paragraph 18 that will read like this: "On April 22, 1993, the Louisville CIL conducted a free seminar on the ADA, and sent out fliers to all downtown businesses, to educate them about the ADA. The business in question still refused to become accessible. If this is not relevant, just ignore it, and number paragraphs accordingly.

Tables 2E and 2F show that there is considerable variance in the outcomes of different types of cases for both represented and pro se litigants. When plaintiffs proceed pro se, they win somewhere between 2 and 11 percent of cases, depending on the nature of the suit. When the defendant is pro se and the plaintiff is represented, the plaintiff wins somewhere between 43 percent and 93 percent of cases,89 depending on the nature of the suit. This substantial variance is not confined to pro se litigants. Even when both parties are represented, there is wide variance in the percentages of cases won by plaintiffs, ranging from just 13 percent in products liability and employment discrimination cases to 77 percent in property cases.90 But in essentially all categories, pro se litigants fare far worse than represented litigants.
Their rights notwithstanding, pro se litigants create many obstacles for our judicial system as a whole. Indeed, pro se lawsuits are viewed by many as “a type of litigation that’s just riddled with problems on every level.” Lois Bloom, Statement at Pro Se Litigation Panel Discussion, National Workshop for District Judges I (Fed. Judicial Ctr. Mar. 22, 1995). As one commentator has stated,

132. See generally D. James Greiner, Dalié Jiménez, and Lois R. Lupica, Self-Help, Reimagined, 92 Ind L J 1119 (2017). It is difficult to synthesize their conclusions into a simple path toward providing pro se litigants with effective assistance, but they emphasize in particular the need for breaking legal problems down into their constituent components, including mental, psychological, and cognitive issues, as well as identifying and implementing relevant research from nonlegal literature to address those problems. They emphasize in particular that often the “relevant tasks have little to do with formal law.” Id at 1172.
This notion is particularly crucial when defense counsel files a motion for summary judgment. The court will be less tolerant of a pro se plaintiff’s pleading deficiencies if the plaintiff was made aware of the complexities involved in responding to a summary judgment motion. In fact, the pro se plaintiff will have been alerted that perhaps they should engage counsel at this point in their case, and failure to do so may not serve their best interests.
Why file a Pro Se complaint? As the chair of an advocacy group called the Disability Action Crew (DAC), I have lots of information to help others advocate for access. With every question I get asked about advocacy, it seems I often end up with more questions that go unanswered. It's like a coach trying to beat a team that makes all the rules as the game goes along. He's out there, he's trying to win, but every time he goes for the goal there's a different set of rules. Advocacy's like that‹we don't know the rule of winning access until we break them. And we look to authorities for the answers: the DOJ, the EEOC, the HRC, the DOT.
For example, the Federal Rules of Evidence (often referred to as the FRE) govern the introduction of evidence in federal court trials. But about 40 states also use the FRE in their state court trials. And even those states that have not formally adopted the FRE have evidence rules that are quite similar to them. This means that, for the most part, trials are conducted in the same way nationwide. Another set of federal rules, the Federal Rules of Civil Procedure (or FRCP) apply similarly to govern procedural (rather than evidentiary) rules. Because of this basic uniformity, the book frequently refers you to ­specific rules that, even if they differ somewhat from your state’s rules, should help you understand the basic procedures that will apply to your case.

There is every reason to believe that the number of pro se litigants involved in litigation in federal and state courts will continue to rise in the coming years, especially given the courts’ focus on increasing access to pro se parties. Along with this increase, the challenges facing the judicial system and trial counsel involving unrepresented parties will continue to rise, requiring increasingly careful consideration. However, armed with the best practices, trial counsel can help alleviate some of the challenges both sides of the aisle face.
We will start with pro se. That's a Latin term meaning on one's own behalf and in a court setting it refers to persons who present their own cases without lawyers or other representatives. Now some people choose to act pro se because they have legal experience or they're otherwise very confident about their ability to convey their claim or their defence without any assistance. Other people may simply wish to avoid paying attorney's fees and the often exorbitant expenses associated with hiring a lawyer.
3. Summons Issued by the Clerk at the time of filing the complaint, the summons is served on the defendant with a copy of the complaint. A Waiver of Service of Summons can also be served on the defendant with a copy of the complaint. (Forms Index: C.4 and C.5) The summons informs the defendant that they must answer the allegations in the complaint or judgment will be entered in favor of the plaintiff.
Finally, the book devotes separate chapters to two types of specialized court proceedings. Chapter 21 provides information about hearings in divorce and related family law matters, such as spousal abuse, child custody, child support, and spousal support. Chapter 22 provides information for debtors and creditors about contested hearings that often occur in bankruptcy cases.

We have written another book that can help if you or someone you know has been arrested or accused of a crime and is facing possible criminal charges. It’s called The Criminal Law Handbook: Know Your Rights, Survive the System (Nolo). While that handbook does not recommend self-representation in criminal cases, it can be a tremendous resource at a time you need solid, trustworthy information.
In a California study of family matters, one party appeared pro se in 2/3 of all domestic relations cases and in 40% of all child custody cases in 1991-95. California reports in 2001 that over 50% of the filings in custody and visitation are by pro se litigants. Urban courts report that approximately 80% of the new divorce filings are filed pro se.[2]
×