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.
Shauna Strickland. Virginia Self-Represented Litigant Study: Summary of SRL-Related Management Reports for General District Court, Juvenile & Domestic Relations Court, and Circuit Court. (December 2017). This report describes case management reports that OES should consider producing on a regular schedule in an effort to better understand cases with self-represented litigants.
Although a defendant might some knowledge of the law, knowledge alone is not enough to win a case. The defendant must be able to argue their position and persuade the parties that they are not guilty. Again, the average person will usually find it difficult to argue if they lack training in communication and argumentation skills. Language barriers can further complicate the situation.
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
Yes, some judges may allow or require a pro se defendant to work with a “standby attorney”. This means that the defendant is free to represent themselves, but a lawyer is available for assistance when necessary. A standby attorney may be present at hearings and at trial to assist with procedural rules and/or argumentation. This type of hybrid representation setup has recently become a popular compromise between traditional representation and pro se representation.
Does Courtroom5 apply to Ilinois ? I’m trying to accept the Judges recommendation fir division of property in a divorce case and avoid trial but my lawyer is trying to go to trial to Tim up the fees … I know I can dismiss lawyer but how do I tell the judge that I want to accept her recommendation for division of property ? Do I 1st file pro se and attach a motion to it simply telling the judge this ? My lawyer is telling me that the judge may not let me out of the case, etc. to discourage me. I need this case to close. No children are involved and this case resulted from a Bifurcated Divorce. I need to get some advice as soon as possible and feel confident about filing the documents. Trial is set for June 2019.
Finally, one other potential policy implication suggested by this Comment is that expanded access to counsel for certain pro se litigants may be an attractive option. This Comment does not fully analyze the potential costs or benefits of civil Gideon and accordingly comes to no conclusion about its overall merits.133 However, many commentators have opposed civil Gideon partially on the grounds that pro se reforms at the trial court level could be a cheaper, but still effective, alternative.134 The Supreme Court has suggested a similar belief.135 But while not totally conclusive for the reasons described above, this Comment indicates that those reforms have not had the kind of impact on case outcomes that increased access to counsel might have. Because these reforms do not yet appear to be a viable and effective alternative to civil Gideon, this Comment suggests that improved case outcomes may be better achieved through expanded access to counsel than through pro se reforms.

Pro Se is a newsletter published bi-monthly by Prisoners’ Legal Services of New York for incarcerated individuals in New York State prisons. Pro Se provides information and analysis on recent developments in the law. Pro Se advises people in prison of changes in the law, provides practice pieces to assist them in complying with statutory and regulatory requirements, and explains technical aspects of various laws affecting prisoners. Pro Se is sent free of charge to individuals incarcerated in New York State who request to be placed on our mailing list.
However, the few reliable studies conducted thus far tend to suggest that providing access to counsel significantly improves outcomes for civil litigants. Greiner and Pattanayak identified two prior studies that were properly conducted to evaluate the effects of access to counsel. While noting it was premature to draw conclusions, they pointed out that one of those studies found that access to counsel was effective in improving case outcomes, and the other study found it effective in improving case outcomes in one of its two experimental settings.56 A follow-up experiment by Greiner, Pattanayak, and Jonathan Hennessy found that the assistance of counsel led to a significant improvement in litigation outcomes compared to more piecemeal assistance.57 Specifically, they found that, from a sample of litigants facing eviction in a district court, about one-third retained their rental units after receiving unbundled legal assistance—legal aid short of an
The primary dataset used in this Comment consists of administrative records of civil cases filed in federal district courts, which are collected and published by the Administrative Office of the United States Courts (AO).76 The AO dataset includes the district court in which the case was filed, the docket number of each case, the date on which the case was filed, the nature of the suit, the procedural progress of the case at the time the case was disposed of, the manner in which the case was disposed of, the party that the final judgment of the case was in favor of, and whether the plaintiff or the defendant was a pro se party.77
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.  
Many pro se resources come from these sources: local courts, which may offer limited self-help assistance;[62] public interest groups, such as the American Bar Association, which sponsors reform and promotes resources for self-help[citation needed], and commercial services, which sell pre-made forms allowing self-represented parties to have formally correct documents. For example, the Self-Represented Litigation Network (SRLN) is an organization whose web site, srln.org, is dedicated to issues related to self-represented litigation and offers a curated resource library for legal professionals (courts, lawyers, and allies) engaged in pro se litigation. The organization provides no assistance with particular complaints.[63] "Self-help" legal service providers must take care not to cross the line into giving advice, in order to avoid "unauthorized practice of law", which in the U.S. is the unlawful act of a non-lawyer practicing law.[64]

Another popular method of resolving disputes outside of court is mediation, which is generally less formal and less costly than arbitration. Mediation is a voluntary process in which you meet with your adversary in the company of a neutral third person, the mediator. The mediator has no power to impose a solution; rather, the mediator’s role is to facilitate settlement by clarifying each party’s position, encouraging cooper­ation, and suggesting possible solutions. Professional mediators charge for their services, typically by the hour. Normally, the parties split the mediator’s fee.


According to Utah Judicial Council report of 2006, 80 percent of self-represented people coming to the district court clerk's office seek additional help before coming to the courthouse. About 60 percent used the court's Web site, 19 percent sought help from a friend or relative, 11 percent from the court clerk, and 7 percent went to the library. In the justice courts, 59 percent sought no help.[40]

As a general rule, the judges surveyed stated that a pro se litigant must comply with the rules and orders of the court, [and] enjoy no greater rights than those who employ counsel. Although pro se pleadings are viewed with tolerance a pro se litigant, having chosen to represent himself, is held to the same standard of conduct and compliance with court rules, procedures, and orders as are members of the bar. A party’s pro se status does not require us or the trial court to assume he must be led by the hand through every step of the proceeding he initiated.
I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.
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.
All jurisdictions have adopted rules regarding unbundled legal services. For example, most states follow the American Bar Association’s Model Rule of Professional Conduct 1.2(c), which provides that lawyers may limit the scope of their representation, as long as the limitations are reasonable under the circumstances, and the client gives informed consent.
The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by fines and federal imprisonment. No portion of this course may be published, duplicated, shared, or used by anyone other than the currently registered subscriber.

50. For one helpful discussion of how and why the efficacy of Gideon has been doubted, see Donald A. Dripps, Why Gideon Failed: Politics and Feedback Loops in the Reform of Criminal Justice, 70 Wash & Lee L Rev 883, 894–99 (2013). But see Wilkinson, 67 Vand L Rev at 1127–29 (cited in note 3) (arguing that criminal defense lawyers appointed to represent indigent defendants are typically effective).
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.
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
In 1963, the Supreme Court broke from precedent and found the right to counsel to be a “fundamental safeguard[ ] of liberty” guaranteed to all criminal defendants by the Constitution.28 In the landmark case Gideon v Wainwright,29 Clarence Earl Gideon was charged in Florida state court with breaking and entering with intent to commit petty larceny.30 Gideon appeared alone in court and requested a court-appointed attorney to assist his case. The Florida court declined, as Florida did not provide counsel for criminal defendants in noncapital cases.31 After granting certiorari,32 the Supreme Court held that the Due Process Clause requires states to provide counsel in noncapital criminal cases, overturning Betts. The Court focused on the “fundamental” nature of the right, comparing it favorably to rights like freedom of speech and freedom from cruel and unusual punishment, and the Court held that the Due Process Clause prohibited states from violating the right.33 This holding, along with its extension to misdemeanors in Argersinger v Hamlin,34 established the modern right to counsel in all criminal cases.35

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.
Over 90% of all lawsuits are resolved without a trial. If you and your adversary can arrive at a fair resolution without going to trial, you can save yourself time and money. By showing you how to prove and disprove legal claims, this book can help you arrive at a fair resolution of your dispute using settlement procedures. For a complete discussion of settlement, see Chapter 6.
This approach serves two purposes. First, defense counsel will gain favor with the court. Defense counsel will not appear to be “tripping up” an unsuspecting pro se plaintiff. Second, the pro se plaintiff will have a more difficult time convincing a court that they were unaware of certain pleading requirements, because the defense counsel will have already provided them with a copy of the necessary rules.
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.

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.
The Legal Services Corporation 2009 report, Documenting the Justice Gap in America, confirms an increase in the number of civil pro se litigants. Due to a lack of government funding, few low-income people can address their legal needs with the assistance of an attorney. As a result, state courts are flooded with unrepresented litigants. To close the gap between the number of people who don’t have access to legal help and those that are lucky enough to work with a legal aid office, the report calls for increased legal aid funding from federal and state governments and private funders and recommends that lawyers contribute additional pro bono services. These developments may be spurred by the U.S. Supreme Court decision in Turner v. Rogers (2012), which suggested that civil court proceedings have to be fundamentally fair, that courts should create forms to help pro se litigants participate fully in the justice system, and hinted that at least in some civil cases, the government may have to provide free legal assistance to parties who cannot afford to hire a lawyer.
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.
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.

A jury trial begins with the judge choosing prospective jurors to be called for voir dire (examination). Local Rule 47.1. The jury box shall be filled before examination on voir dire and the Court will examine the jurors as to their qualifications. Not less than five (5) days before trial, the parties are to submit written requests for voir dire questions. Unless otherwise ordered, six (6) jurors plus a number of jurors equal to the total number of preemptory challenges which are allowed by law shall be called to complete the initial panel. Local Rule 48.1. After voir dire of all prospective jurors, a jury of six (6) is named and instructed by the judge regarding the issues they will be deciding. Local Rule 51.1.
If you’re a law student—or plan to go to law school—this book is a useful and easy-to follow guide to the basics of civil procedure and litigation, from initial pleadings and discovery to appeal. The knowledge of general court procedures and fluency with legal terminology that you will gain from reading this book will help you successfully transition to law school and enhance your understanding of assigned casebook readings.
95. Data is unavailable for three policies: procedural assistance by clerk’s office staff members as part of their regular duties, appointment of counsel to represent a pro se litigant for the full case, and appointment of counsel to represent a pro se litigant in limited circumstances. See id. Although it would be interesting to conduct an analysis similar to that conducted in the following Section for each of these policies, there is no obvious reason that the absence of this data would undermine any of the following results beyond the fact that an analysis similar to that conducted below could conceivably come to different conclusions for those policies.
In 1963, the Supreme Court broke from precedent and found the right to counsel to be a “fundamental safeguard[ ] of liberty” guaranteed to all criminal defendants by the Constitution.28 In the landmark case Gideon v Wainwright,29 Clarence Earl Gideon was charged in Florida state court with breaking and entering with intent to commit petty larceny.30 Gideon appeared alone in court and requested a court-appointed attorney to assist his case. The Florida court declined, as Florida did not provide counsel for criminal defendants in noncapital cases.31 After granting certiorari,32 the Supreme Court held that the Due Process Clause requires states to provide counsel in noncapital criminal cases, overturning Betts. The Court focused on the “fundamental” nature of the right, comparing it favorably to rights like freedom of speech and freedom from cruel and unusual punishment, and the Court held that the Due Process Clause prohibited states from violating the right.33 This holding, along with its extension to misdemeanors in Argersinger v Hamlin,34 established the modern right to counsel in all criminal cases.35
A number of recent studies funded by the courts and the ABA have advanced the concept of the multi-door courthouse, where courts would offer potential litigants a menu of possible solutions, many of which would not require a lawyer. This concept assumes courts want to reach out to prospective users and help them resolve their disputes in a manner appropriate to the dispute and the resources of the parties.
The mission of the United States District and Bankruptcy Courts for the District of Idaho is to provide an impartial and accessible forum for the just, timely, and economical resolution of legal proceedings within the jurisdiction of the courts, so as to preserve judicial independence, protect individual rights and liberties, and promote public trust and confidence.
The challenges presented by the large volume of pro se cases in federal district courts may require meaningful changes to achieve a full resolution. In order to make headway on that front, reformers must properly contextualize and understand the nature of pro se litigation in those courts and evaluate the successes and failures of efforts that have been undertaken thus far.

However, before such a petition can be filed in the federal court, the petitioner must pursue and exhaust all available state law remedies. This means that if you want to challenge a conviction or a sentence, you must pursue your right of appeal under Idaho law. This may be accomplished in two ways: (1) the direct right of appeal to the Idaho Supreme Court, or (2) by filing a petition for post-conviction relief in the state district court followed by an appeal to the Idaho Supreme Court. Only after you have fully pursued the available state law remedies will you be eligible to pursue a federal petition for writ of habeas corpus.


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).
In New Haven, for instance, Family Court litigants must talk to a family services counselor before their case. Eight courthouses have court service centers, which offer guidebooks on the court system and are staffed with court personnel. Ten have public information desks. Much of the information necessary to complete a divorce is also available online.
In the same vein of using your body, working out--even for just ten minutes a day-- can do wonders for clearing up your mind. When we work out, as I'm sure you know, our bodies emit endorphins that allow us to feel happy--even if we can't explain why. If you don't have time to squeeze in a full-body workout or some substantial cardio that day, just do a couple jumping jacks or take a brisk walk around the block. How much better--and more confident--you feel will amaze you.
Encourage lawyer coaching. Many self-represented litigants are willing to pay lawyers to coach them through their cases--that is, give them information about the ins and outs of court and the substantive issues--without taking the case over. Yet, few lawyers are willing to enter into this type of relationship because of ethical concerns about participating in a case they don't control, and fear of being held liable for issues that are beyond the scope of the coaching relationship. The organized bar should address these concerns by:
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.

Accept all complaints, petitions and responses filed, in whatever form, and create user-friendly forms. Among the most obvious of barriers to equal access are rules governing the form of the papers people need to start a lawsuit or defend themselves if they are sued. Complicated pleading rules definitely operate to deny equal access. In fact, a simple plain-English statement of claim (as is used in many small claims courts) or a fill-in-the-blanks, check the boxes type of complaint form used in California courts is all that's needed in most common kinds of cases. Later, the legal and factual issues can be sorted out by a mediator or judge. The Superior Court of Maricopa County has created a number of easy-to-use forms for its Family Court, and by all accounts, people are able to handle them with little help from court personnel.
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

85. Although it’s difficult to pinpoint the factors most responsible for the unfavorable outcomes for many or most pro se litigants, some issues that many district judges cite in explaining the typical challenges of pro se litigants include: pro se plaintiffs’ lack of ability to write legally comprehensible pleadings or submissions, lack of ability to respond to legal motions in fruitful ways, lack of knowledge about relevant legal precedents, issues with timeliness in the legal process, and failure to understand the legal consequences of their actions. For a more complete list of issues that judges perceive pro se litigants face, see Stienstra, Bataillon, and Cantone, Assistance to Pro Se Litigants in U.S. District Courts at *21–23 (cited in note 11).

I can definitely use these services. I am a well respected but hated pro se litigant. Why do attorneys get upset or angry when you have a lot of court cases even though none or criminal? If more than one person does the same thing to you why can’t you take them all to court? What is too many lawsuits? Most important I’m working on plaintiff summary judgement which was due today. I will file out of time with a motion. I had a jurisdiction and venue issue. I will provide more information because I will help and comments. Thank you
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.
Thank you for this answer, especially as it is informed by professional experience! Can you clarify: Is the problem primarily in determining whether to pursue a claim (and, presumably, that bringing unmeritorious claims you risk getting stuck with legal fees and even jail)? Or are you saying that, if an experienced lawyer evaluates the case and says to go ahead, they will also be able to give you enough guidance to keep you out of real trouble as you proceed? If the latter is true, is that guidance available elsewhere, or does it depend too much on the specifics of a case? – feetwet♦ May 28 '15 at 18:41
Over 90% of all lawsuits are resolved without a trial. If you and your adversary can arrive at a fair resolution without going to trial, you can save yourself time and money. By showing you how to prove and disprove legal claims, this book can help you arrive at a fair resolution of your dispute using settlement procedures. For a complete discussion of settlement, see Chapter 6.
1. If you don't know where your federal court is, look under "U.S. Government Offices ‹ U.S. Courts" in the blue or green pages of your phone book. When you find out which district court is yours, add it at the top of your pro se where it reads, "in the United States District Court for the [ ] district of [your state]." Don't worry yet about the Civil Action No. The clerk will give that to you at your district court office.
×