To date, a public, empirical assessment of the effects of this office on outcomes of pro se litigation is not available. This Part seeks to begin to fill that gap by evaluating the impact of EDNY’s reforms on the pro se process. Part IV.B discusses the methodology for this analysis. Part IV.C finds that the reforms in the EDNY have had a small, and in fact negative, impact on the win rates of pro se litigants in that court.123 This evidence, when combined with the evidence in Part III, strengthens this Comment’s finding that pro se reforms in trial courts have been ineffectual at improving litigation outcomes for pro se litigants.
Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion, or other paper and state the party's address. . . . The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.
We often talk to parents about whether to file for child custody pro se, a legal term also known as 'self-representation.' In general, we recommend that parents proceed with caution when it comes to filing for child custody or child support pro se. The following questions and tips can help you determine the best course of action related to your case.
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.
Some courts issue orders against self representation in civil cases. A court enjoined a former attorney from suing the new lover of her former attorney.[29] The Superior Court of Bergen New Jersey also issued an order against pro se litigation based on a number of lawsuits that were dismissed and a failure to provide income tax returns in case sanctions might issue.[30] The Superior Court of New Jersey issued an order prohibiting a litigant from filing new lawsuits.[31] The Third Circuit however ruled that a restriction on pro se litigation went too far and that it could not be enforced if a litigant certified that he has new claims that were never before disposed of on the merits.[32] The 10th Circuit ruled that before imposing filing restrictions, a district court must set forth examples of abusive filings and that if the district court did not do so, the filing restrictions must be vacated.[33] The District of Columbia Court of Appeals wrote that "private individuals have 'a constitutional right of access to the courts',[34] that is, the 'right to sue and defend in the courts'."[35]
From an initial look at Figure 1, no meaningful change in the outcomes of pro se litigation in EDNY appears in the years following the creation of the pro se magistrate’s office. Instead, for all district courts in the New York area, there is seemingly considerable variance in case outcomes on a yearly basis, with pro se litigants performing very similarly on average in both sets of districts before and after the pro se reform. However, Figure 1 does reflect the possibility that the percent of cases won by pro se plaintiffs in the other New York district courts trended downward more than in EDNY. But this is uncertain. With the exception of 1999, the win rates of pro se litigants are relatively similar in EDNY to New York’s other district courts.

Individual lawyers almost always find it difficult to actually see the bias against the self-represented that pervades our courts, just as a few years ago, judges who complimented woman lawyers on their looks were shocked when they were labeled as sexist. Few lawyers are able or willing to come to terms with the fact that a significant portion of their livelihood is based squarely on barriers to self-representation that the courts erect and enforce.
Administrative hearings rather than trials typically result when individuals contest decisions made by government agencies, or when government agencies refuse to act favorably on individuals’ requests. Thanks in part to movies and TV, a popular notion is that in the U.S., trials are the most common method of resolving civil disputes. In fact, across the country many more administrative hearings than trials occur.

The Supreme Court has held that where a statute permits attorney's fees to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees.[51] This ruling was based on the court's determination that such statutes contemplate an attorney-client relationship between the party and the attorney prosecuting or defending the case, and that Congress intends to encourage litigants to seek the advice of a competent and detached third party. As the court noted, the various circuits had previously agreed in various rulings "that a pro se litigant who is not a lawyer is not entitled to attorney's fees".[52]


Although this analysis focuses on case outcomes, those are by no means the only potential metric for analyzing the impact of pro se reforms. Another relevant, tangible measure is the length of proceedings. Pro se reforms have the potential to greatly expedite pro se proceedings, helping to ensure that litigants are able to move on with their lives as quickly as possible. Shortened proceedings are valuable in their own right without impacting case outcomes. Less tangibly, it may be the case that pro se reforms improve the litigation experience for pro se litigants and help ensure that they feel they have had a fair hearing in court. Increasing satisfaction with court proceedings is a significant benefit to litigants and also boosts the public perception of the legal system—both valuable outcomes that would not show up in the analysis below.100
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
A trial is defined as "a judicial examination of issues between parties to an action." The parties each get the opportunity to present their side of the case, and the judge and jury (if the trial is a jury trial) are responsible for entering a verdict and judgment based on the evidence and arguments presented. It is the judge's duty to see that only proper evidence and arguments are presented. In a jury trial, he also instructs the jury which will be called on to make decisions regarding those matters at issue and then a judgment is entered based on the verdict reached by the jury. Local Rule 58.1.
Table 3A suggests that the various policies used to assist pro se litigants in federal district courts have not substantially affected win rates for pro se plaintiffs. When both parties are represented, plaintiff win rates gravitate around 50 percent. When only the plaintiff is pro se, the plaintiff win rate hovers between 2 and 5 percent. All of the policies registered in the FJC Survey classified as “programs and procedures to assist pro se litigants”—the types of policies discussed throughout this
Remember this phrase: Litigation Privilege. The phrase has a formal meaning, but in layman’s language it means that lawyers can do just about anything, especially to a self-represented litigant, to protect their clients. They can lie, steal, cheat–and kill if they could get away with it–to win. Lawyers don’t always need tricks to defeat pro se litigants, but they try them anyway. They can scare defendants into paying more than they owe or settling for far less than they deserve. They’ll use a request for admissions to make pro se litigants “admit” to undeserved liability by not answering. Some will even attempt to keep away your court reporter by lying to you or to your court reporting agency. So keep your eyes open when you’ve cornered a lawyer. Chances are, there’s a trick coming, and when it does, don’t let your emotions get the best of you. Stay focused on your case. Reacting in anger by moving for sanctions, writing letters to the judge, reporting lawyer behavior in a hearing, or moving to disqualify a lawyer makes thinking and strategizing difficult. That’s not to say certain issues shouldn’t be addressed. If you must take an issue head-on, like moving for sanctions, do it strategically so you’ll get the most out of it. Otherwise, only address lawyer antics and judicial bias when it hurts your case, not when it hurts your feelings.
2. Mediation: A flexible, non-binding dispute resolution process in which an impartial neutral third party--the mediator--facilitates negotiations among the parties to help them reach settlement. A hallmark of mediation is its capacity to expand traditional settlement discussions and broaden resolution options, often by going beyond the legal issues in controversy. In the District of Idaho, all civil cases except prisoner petitions, Social Security, student loan recovery, Medicare, forfeiture, Bankruptcy appeals, federal tax suits, Federal Tort Claims Act cases in excess of $1 million, cases involving Temporary Restraining Orders, Preliminary Injunctions or other extraordinary injunctive relief will be automatically assigned to mediation. In addition, all Bankruptcy adversary proceedings and contested cases shall be eligible for assignment to mediation. A party will be allowed to “opt out” of the mediation process only upon successfully demonstrating to the Court by motion that “compelling reasons” exist as to why this mediation should not occur or could not possibly be productive. Mediation is governed by General Order #130.
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).
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.
 D. Before trial,  the parties may be given an opportunity to meet  with a mediator appointed by the Judge to resolve their case. Mediators are volunteers; they try to help parties reach a friendly agreement. They are  not judges and do not make decisions. If the dispute is not resolved in mediation, the parties will proceed to a trial, usually on the same day.

This response is not to be construed as legal advice and is provided for educational purposes only. This response does not create an attorney/ client relationship. The response provides general legal information and education. This response does not address any specifics concerning this inquiry, as the inquiry as written may have omitted details which would make the reply unsuitable. The inquirer is strongly encouraged to consult with an attorney in his or her own state to acquire more information about this issue. Licensed to practice in New Jersey and Pennsylvania.
77. For more discussion of the nature of these fields and other data contained in the AO dataset, see generally Integrated Data Base Civil Documentation (Federal Judicial Center, 2017), archived at http://perma.cc/LT4F-2W5E. Additionally, several other fields are used in the data processing that is conducted before the analysis, such as using the docket number assigned by the district court to avoid double-counting cases. For more discussion of the data cleaning process, including the data used in that process, see

Genius often makes itself known in short bursts, so don't let it go when it comes around. If you have a great idea for a new work process, a recipe to try, or even a way to drive more efficiently, write it down. This way, you'll remember the strokes of genius that fleetingly pass through, and you'll be able to look back on them and remind yourself of the little things when you're feeling down.
When you interview a potential legal coach, ask about all fees and costs—including the initial interview. It obviously defeats your purpose if you have to spend more to consult a legal coach than you would to hire a lawyer to handle your entire case. Typically, lawyers use hourly, fixed, or contingency fee arrangements. Most likely, someone serving as your legal coach will charge you by the hour.
For instance, assume that you want to ask for a jury trial and that your local rule requires a jury trial request to be made 30 days after the initial pleadings are filed. If you miss that deadline, you will not have a jury trial unless you go through a laborious process to request an extension of time to file your demand and the judge is willing to make an exception (but don’t count on it!).
Many years ago, after winning a motion, an older judge asked me to stay behind after the parties left. He took me aside and said simply: "I want you to know that the case before yours today was to protect a little girl who's grandfather thinks it's fun to extinguish cigars on her legs." I knew what he wanted me to know, and I never forgot. Other people's cases are serious, too.
One newspaper report from the time suggests Parker did fine, though it was clear he was an amateur. He arrived with a thick pile of notes, wagged his fingers at the justices, and wore striped pants and a cutaway jacket. That was what all lawyers once wore to argue at the court, but it had fallen out of favor for all but government lawyers by the time Parker appeared before the court.
Let the pro se party’s voice be heard. Individuals representing themselves at trial in civil litigation are often battling hardships on many fronts. Generally, they have found themselves in an unfamiliar and intimidating setting governed by a labyrinth of substantive and procedural rules, along with unwritten local customs and expectations. This maze can be challenging for even the most tested trial attorney. It is particularly daunting to pro se parties. Of course, it is frequently not by choice that pro se parties are in trial without the benefit of legal counsel. Whether they are acting as a plaintiff or a defendant, their status as a pro se party is many times forced by precarious financial situations. Moreover, the types of lawsuits in which pro se litigants are regularly involved—employment, professional malpractice, personal injury, whistleblower cases, and collections, to name a few—are often particularly rife with emotion and typically involve allegations of a sensitive, personal, and sometimes embarrassing nature. Indeed, these cases are often plagued by feelings of anger, resentment, pride, shame, and revenge. To make the situation even more challenging, pro se litigants frequently take the drastic step of representing themselves in civil litigation because they view themselves as victims of a wrong that must be made right, and they do not view as primary considerations the time and costs associated with redressing the wrong.
77. For more discussion of the nature of these fields and other data contained in the AO dataset, see generally Integrated Data Base Civil Documentation (Federal Judicial Center, 2017), archived at http://perma.cc/LT4F-2W5E. Additionally, several other fields are used in the data processing that is conducted before the analysis, such as using the docket number assigned by the district court to avoid double-counting cases. For more discussion of the data cleaning process, including the data used in that process, see
Strickland v. Washington (1984) Nix v. Whiteside (1986) Lockhart v. Fretwell (1993) Williams v. Taylor (2000) Glover v. United States (2001) Bell v. Cone (2002) Woodford v. Visciotti (2002) Wiggins v. Smith (2003) Holland v. Jackson (2004) Wright v. Van Patten (2008) Bobby v. Van Hook (2009) Wong v. Belmontes (2009) Porter v. McCollum (2009) Padilla v. Kentucky (2010) Sears v. Upton (2010) Premo v. Moore (2011) Lafler v. Cooper (2012) Buck v. Davis (2017)
Not sure whether this applies to every trial court, but the public is also allowed to read (and order copies of) cases in the court. That gives pro se litigants a valuable exposure which is missing from literature regarding litigation. Both of my defamation lawsuits (different defendants) satisfy the prima facie elements of the offenses, but the structure and composition of my first complaint looks very unorthodox. By contrast, my second complaint reflects the exposure I gained in three months by taking note of others' complaints and motions.
Attorneys often find themselves with emotionally charged adversaries who have little or no understanding of time lines, due dates, discovery requests, or rules of evidence and civil procedure. Attorneys opposing pro se plaintiffs have a particularly difficult job zealously representing their own clients. They are automatically dubbed the “Goliath” by the court and juries, and find themselves pitted against the seemingly defenseless “David” pro se plaintiff.
Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion, or other paper and state the party's address. . . . The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

The pro se information on the Court's website is specifically for individuals who are representing themselves in the Eastern District of North Carolina without the assistance of an attorney. It is intended as an informative and practical resource for pro se litigants, and is not a substitute for legal advice from an experienced attorney. The information is procedural in nature and should be read in conjunction with the Federal Rules of Civil Procedure, the Local Rules of this Court and the individual practices of the judge assigned to your case. Moreover, the links to other websites are for informational purposes only, and neither the United States District Court Clerk's Office nor any employee of the United States District Court for the Eastern District of North Carolina is responsible for the accuracy of the information contained in other websites.
Hourly rates for lawyers who do personal legal-services work typically run from $100 to $250 per hour. Certain experts and big-firm lawyers charge even more. It is important to find out exactly how the lawyer will calculate the bill. For example, some lawyers who charge by the hour bill in minimum increments of 15 minutes (quarter hour), and others bill in increments of six minutes (tenth of an hour). That means that a five-minute phone conversation for which you are billed the minimum amount could cost you different amounts, depending on how the lawyer figures the bill.
I would never say never and anything is possible in court. But I would say that it really hurts your chances a LOT. There are so many things that could go wrong or you might have an opportunity to win, but not recognize it because you do not know what to look for. If it is worth it to fight this, it is probably worth hiring an attorney. I am sorry to be the bearer of discouraging news. But litigation is always complicated and yours sounds more complex than normal.
Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law -- [email protected]

Good prep for litigation is hard work, like reading cases and statutes and writing concise, precise and persuasive motions and pleadings. Even then, the “tactics in the courtroom” you mention can still go on. So, mentality can be just as important as hard tangible work. Understand that lawyers want to win too, and they’ll do whatever they think it takes to do so. Cutting the ethical edge is just a day at work for some of them. Your job is to not get up in your feelings about any of that stuff. I know that’s difficult to do, and I struggle with it all the time, but it does not help you win. Do the work, understand your arguments and stay on point.
One judge said, “I tell them they have the same right to represent themselves in court as I have to the handling of my personal plumbing problems, i.e., I don’t . . . they shouldn’t.” Another judge cautioned pro se litigants that “doing your own legal work is like doing your own mechanic work. Most of us could do it if we had the time and the patience. But you need to recognize that if it still doesn’t run, you have to look at who did the work.” Id.
The SDNY, which provides the funding for the clinic, recently approved the introduction of a mediation project, which in a short period of time has proved to be highly effective. Clinic staff members and volunteers are now permitted to represent pro se litigants in connection with settlements.  Litigants get an impartial view of the strengths and weaknesses of their cases, resulting in earlier resolutions. Over half of the litigants who were represented by clinic staff members or volunteers settled their cases.
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
133. For example, this Comment does not consider how many resources would be required to enact civil Gideon nor whether they could be better used elsewhere. It also does not consider whether civil Gideon itself would be effective at improving civil pro se outcomes. While the experimental literature discussed earlier suggests that access to counsel improves case outcomes for pro se litigants, it is unclear whether a similar quality of counsel would be provided in a civil Gideon world. Indeed, the success of Gideon in the criminal context is a hotly debated subject, with many scholars considering it a disappointment. For an example of a scholar who considers Gideon a disappointment, see generally Erwin Chemerinsky, Lessons from Gideon, 122 Yale L J 2676 (2013).

As mentioned, the decision to proceed as a pro se defendant will almost always be more risky than working with a lawyer. If you represent yourself, your success will depend on your own knowledge of the law and whether you can argue your claim in the proper way. At the very least you may wish to request an initial consultation with a criminal lawyer to determine what type of representation best suits your situation. You should not take any chances at all if you are unsure about your own abilities.      
Congratulations! You have just filed your first Pro Se complaint. Feel free to share your new knowledge with as many people as you can, including any materials in this packet. Nothing is copyrighted, and duplication is encouraged. If you need any further assistance, please call the Pa. Coalition of Citizens with Disabilities at (717) 238-0172 voice or (717) 238-3433 TTY.
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

Washington Limited Practice Rule. With a goal of making legal help more accessible to the public, the Washington Supreme Court has adopted APR 28, entitled “Limited Practice Rule for Limited License Technicians”. The rule will allow non-lawyers with certain levels of training to provide technical help on simple legal matters effective September 1, 2012.

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.

More generally, win rates are an imperfect outcome variable for evaluating the effectiveness of pro se reform, and some caution is warranted when making inferences based on this analysis. The thorniest issue is that a large portion of civil cases are disposed of in ways that do not typically result in final judgments being entered, so win rates do not directly shed light on how pro se litigants fare in those cases. Some district court reforms might plausibly result in more favorable settlements for pro se litigants, and thus improved outcomes for pro se litigants while not materially affecting the win rates of pro se litigants upon final judgment.97 That said, there is a good theoretical reason to believe that win rates upon final judgment correlate with the favorability of settlements: in typical litigation settings, if both parties have similar beliefs about the probability of winning at trial and make economically rational decisions, they ought to come to a settlement weighted to favor the party more likely to prevail at trial.98 The AO data, however, does not include any measure of settlement quality that could be used to confirm or analyze the relationship for these types of cases.

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Does my ex have a child custody lawyer? Although the justice system permits parents to represent themselves, we often advise parents to reconsider self-representation if the other parent will be represented by counsel. Parents represented by counsel could be in a more advantageous position. An attorney who understands family law will have specific knowledge that a lay person may lack.
But that shouldn't make a difference, as all cases are to be judged on their merits, not by the persons who bring them. By law, every federal judge must take an oath affirming to "administer justice without respect to person, and do equal right to the poor and to the rich," and to "faithfully and impartially discharge and perform all the duties incumbent upon me as judge under the Constitution and laws of the United States."
Some districts of the United States Federal Courts (e.g., the Central District of California) permit pro se litigants to receive documents electronically by an Electronic Filing Account (ECF), but only members of the bar are allowed to file documents electronically.[12][13] Other districts (e.g. the Northern District of Florida) permit "pro se" litigants to file and receive their documents electronically by following the same local requirements as licensed attorneys for PACER NEXT GEN qualifications and approval for electronic use in particular cases; an order of the assigned Judge on a pro se motion showing pro se's qualifications may be required.[14]
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