Unless you are in court regularly, you may not know how a case proceeds from initial filing through trial. Therefore, this book also provides you with background information about what you will see—and what you need to do—when you enter the courtroom where your case will be heard. You will learn where to file your court papers; how to subpoena witnesses (order witnesses to come to court and testify); the functions of a courthouse Clerk’s Office and a courtroom clerk; and the powers and duties of all the personnel who typically carry out courthouse business, including bailiffs, court reporters, interpreters, attorneys, jurors, and judges.
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.
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
Just as there are certain standards of procedure for filing documents with the Clerk's office, there are certain standards for citing authority when applying the law to the facts of a certain case. The most common source of citation standards is A Uniform System of Citation, Fifteenth Edition, published and distributed by The Harvard Law Review Association, Cambridge, Massachusetts. It is more commonly referred to as "The Bluebook" and sometimes as the "The Harvard Citator." All of the information required for proper citation format can be found in this one text.
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.
Moreover, the client might not even know what exactly he's being billed for. Here's an example: The attorneys representing my former employer filed a motion to extend the deadline for appellee's brief in the Michigan supreme court. These attorneys alleged that my Application brief requires them to conduct extra research. I have no clue how much they charged the defendant for that maneuver, but they representing him ended up filing a brief (November 6, 2017) which largely consists of a copy/paste of their filings in trial court. Interestingly, their appellee's brief reflects no "extra" research, and they failed to address many of the arguments I developed in my Application for Leave to Appeal.
Just a year after Ms. Eldrich ended her marriage, divorce in Connecticut changed dramatically, opening the way to more pro se representation. In 1973, the Legislature passed a law allowing no-fault divorces, so a married couple who had decided to break up did not have to prove it was someone's fault. That eliminated the sometimes difficult process of showing that one party had committed adultery or had been intolerably cruel, which were two of the reasons spouses could give for seeking a divorce.
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
C. If you are the plaintiff and do not appear on the trial date, the case will be dismissed unless you (or somebody else for you) appears toask the Court for a continuance and the Judge grants the request (see paragraph 14). If the case is dismissed, you may file a motion within 30 days after the dismissal to reinstate the case and to have an immediate trial. The Pro Se Staff will help you with the preparation of the motion and notice.
Know the Rules of the Road. Before filing a lawsuit, you must carefully read your state’s code of civil procedure and the court’s local rules. If you also have federal claims and wish to file in federal court, then you must read the Federal Rules of Civil Procedure, as well as the particular district’s local rules. In addition, some judges have their own rules called local local rules. You must familiarize yourself with these rules as well.
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.
Even though it's great to share our goals and aspirations with others--whether they are personal or career-oriented--opening ourselves up to that sense of vulnerability to others subconsciously creates anxiety. Although we may not even realize it, sharing the things you would most like to achieve involuntarily sets expectations for ourselves in the eyes of others--expectations that can often sap your confidence if unmet.
An individual’s right to represent himself or herself in federal court is expressly codified in 28 U.S.C. § 1654 (2018), which provides: “In all courts of the United States the parties may plead and conduct their own cases . . . therein.” Similarly, many states have codified the rights of pro se litigants in their respective constitutions and statutes. Drew A. Swank, “The Pro Se Phenomenon,” 19 BYU J. Pub. L. 373, 375 (2005). Indeed, according to the Supreme Court, there is “no evidence that the . . . Framers ever doubted the right of self-representation, or imagined that this right might be considered inferior to the right of assistance of counsel.” Faretta v. California, 422 U.S. 806, 832 (1975).
As seen in Table 2A, civil nonprisoner pro se litigation appears to comprise a stable proportion of federal district courts’ dockets.78 Averaged over several four-year time periods, the percentage of cases in federal district courts that were filed by pro se plaintiffs has ranged only from 9 to 10 percent. However, that still constitutes an average of more than fifteen thousand federal district court cases each year involving nonprisoner pro se plaintiffs. Similarly, the percentage of cases that have been answered by pro se defendants has hovered around 2 percent.
Pro se means that you are representing yourself in court, without a lawyer. Another term is self-represented litigant. If you represent yourself in a family matter, the court will ask you to attend a Pro Se Education Program. The program helps you understand court procedures and the forms you need to file with the court. Classes are free and open to the public.
Privacy Requirements. Federal Rules of Civil Procedure 5.2 addresses the privacy and security concerns over public access to electronic court files. Under this rule, papers filed with the court should not contain anyone’s full social-security number or full birth date; the name of a person known to be a minor; or a complete financial-account number. A filing may include only the last four digits of a social-security number and taxpayer identification number; the year of someone’s birth; a minor’s initials; and the last four digits of a financial-account number.