While the outcome gap between pro se and represented litigants does not necessarily prove that lack of access to counsel causes poor case outcomes for pro se litigants, it is easy to see how it motivates proponents of pro se court reforms or civil Gideon. Table 2C suggests that, whenever one of the parties is proceeding pro se, the likelihood that any final judgment will be registered for the other party is overwhelming. If one believes that a meaningful portion of pro se litigants have important rights that they are seeking to vindicate in court, it is likely they are not receiving adequate remedies under the current legal system.85
109. It is worth noting that these reforms could produce unobservable benefits in a number of ways. For example, as discussed previously, some district courts may be implementing these reforms differently in practice, and it may be the case that a few are successfully implementing the reforms, resulting in significant improvements to case outcomes for those courts but not enough improvement to show up in the overall numbers. Alternately, it may be the case that one particular combination of reforms is especially impactful. There is not enough data to fruitfully study all permutations of reforms. Still, this analysis is revealing with respect to the cumulative effects of these reforms.
This is similar to the previous point. In a post, What Kind Of Pro Se Litigant Are You?, I discussed five types of pro se litigants. The least effective is one lacking in confidence. Many pro se litigants lose early by simply not showing up for court. Many more lose at the first hearing. With a lawyer on the opposite side and a robed judge on the bench, the average person is bound to feel as if they can’t succeed. Don’t let that feeling rule your actions. Lacking confidence, you might be tempted to ask advice of your opponent’s lawyer. He’s not your friend. Where a judge is concerned, ask for clarification about a ruling, not for advice about your case. In the face of uncertainty and fear, don’t give up. Keep going and learn. Simply getting to the next step, the next hearing, or the next motion is a victory. The longer you stay in, the more confident you’ll be.
Congress also has a role. In extreme cases it has the power to remove judges, of course. But short of that, it can at least underscore the seriousness of the rights it established for litigants in the Judiciary Act. Whether through binding or nonbinding language on the topic, Congress can make clear that complaints about violations of the rights of pro se litigants must be taken very seriously by judicial councils.

109. It is worth noting that these reforms could produce unobservable benefits in a number of ways. For example, as discussed previously, some district courts may be implementing these reforms differently in practice, and it may be the case that a few are successfully implementing the reforms, resulting in significant improvements to case outcomes for those courts but not enough improvement to show up in the overall numbers. Alternately, it may be the case that one particular combination of reforms is especially impactful. There is not enough data to fruitfully study all permutations of reforms. Still, this analysis is revealing with respect to the cumulative effects of these reforms.
- The United States Court of Appeals for the Federal Circuit hears appeals from final decisions of federal district courts for civil actions arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks, including claims of unfair competition when joined with substantial and related claims dealing with patents, copyrights, etc. as well as the final decisions of the district courts and the United States Claims Court where the United States is sued as defendant, and appeals from decisions of the United States Court of International Trade, and United States Patent and Trademark Office, the United States International Trade Commission relating to unfair import practices, and decisions by the Secretary of Commerce relating to import tariffs, among others.
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).
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.

In the United States District Court for the District of Idaho, all procedures are governed not only by the federal rules of procedure listed above but also by the Local Rules of Civil Procedure and the Local Rules of Criminal Procedure. The numbering system of the Local Rules coincides with the numbering system of the federal rules for easy reference. Copies of the federal rules can be found at the Idaho State Law Library, 450 West State Street, Boise, Idaho, or at the Ninth Circuit Law Library located in the Federal Building and U.S. Courthouse, 550 West Fort Street, Boise, Idaho.
No Guidance on Timing or Parties.  The forms do not give any guidance on when certain kinds of pleadings or claims or defenses have to be raised, or who has to be sued.  Some pleadings, claims, or defenses have to be raised at a certain point in the case or within a certain period of time.  And there are limits on who can be named as a party in a case and when they have to be added.  Lawyers and people representing themselves must know the Federal Rules of Civil Procedure and the caselaw setting out these and other requirements.  The current Federal Rules of Civil Procedure are available, for free, at www.uscourts.gov.
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