The answer to the last part of your question when you ask that If you fail to file such a motion, can you simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which you no longer must prove at trial. By failing to file the motion as the rules require you would be jeopardizing your right to this relief. At trial the defendant’s lawyer will almost assuredly object by stating to the court that you have waived this argument since you didn’t file the motion per the Oregon Rules of Civil Procedure and in all likelihood the judge would probably agree and sustain the objection. There usually isn’t much, if any, wiggle room when it comes to compliance with the stated rules. Whenever you fail to follow a stated rule you are giving the opposing side’s lawyer ammunition to attack your argument. It would behoove you to file the motion to determine sufficiency and request a ruling deeming the matters as admitted since the defendant failed to answer.


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.
Even though mediation is informal, to reach a successful result you will need to show your adversary that you have strong evidence to support your legal position—evidence that is admissible in court should mediation fail. Otherwise, your adversary may not be willing to settle the case on terms you think are fair. This book will help you represent your position effectively during mediation.
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.
A longstanding and widely practiced rule prohibits corporations from being represented by non-attorneys,[17] consistent with the existence of a corporation as a "person" separate and distinct from its shareholders, officers and employees.[18] The Wisconsin Supreme Court has ruled that a "nonlawyer may not sign and file a notice of appeal on behalf of a corporation. Requiring a lawyer to represent a corporation in filing the notice does not violate the guarantee that any suitor may prosecute or defend a suit personally. A corporation is not a natural person and does not fall within the term "any suitor."[19][20][21]
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
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.
What to do? Here are 10 suggestions for reforming the way courts deal with self represented individuals. A few are already being implemented (usually hesitantly and on a small scale) here and there by isolated courts. And there has been one truly magnificent effort, by the Family Law Division of the Superior Court for Maricopa County, Arizona to throw open court procedures to non-lawyers. For the most part, the suggestions set out here require not money but changes in attitude, rules and procedures.
 Filing of complaints, appearance,  issuance  of summonses, and procedures for collection, garnishments, citations, attachments, and the like, require the parties to pay fees  and/or other "court cost". The Judge  will generally order the  party who loses to pay the "court costs". The defendant may have to pay plaintiff interest on the unpaid judgment at the statutory rate.
There is good reason to believe, however, that there are not major omitted variable issues in this data. There are three potential omitted variables that are important to address here, but none seems likely to be a confounding factor in this analysis.103 One key possibility is that district courts that have implemented more pro se reforms may differ from other district courts in that they have dockets with more (or fewer) pro se litigants. However, previous analysis suggests that is not the case.104 Another potentially important consideration is whether pro se reform is concentrated in a few district courts. But approximately 90 percent of district courts have implemented at least some services for nonprisoner pro se litigants, so this does not appear to be the case either.105 Finally, it could be the case that district courts typically implement either none or many of these reforms. However, similar numbers of district courts have implemented one, two, three, and four programs and procedures to assist pro se litigants;106 accordingly, there is no apparent all-or-nothing problem either.107 While this Comment does not claim that these are all of the potentially important omitted variables,108 it does seem that district court reform is a widespread practice used in different ways throughout those courts, suggesting that it is ripe for the type of analysis conducted here.109

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.

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.
Do I have a basic understanding of the required court documents? Mounds of documents can be very intimidating to a lot of people, legal officials included. Parents considering pro se representation should become familiar with various types of family law documents. Again, become friendly with the court clerk and ask for his or her help identifying the correct forms, where to get them, when they are due, and how they should be submitted. 
Of course a pro se litigant can prevail. The Judges, particularly in the family part, routinely have pro se litigants appear before them. The Judge does not determine matters based upon who has an attorney and who does not. The Judge determines matters based upon the facts and proofs presented. Some pro se litigants can be very effective and others are not. If you are not comfortable or need guidance as to what should/should not be included/presented, you would be wise to consult with an attorney with expertise in that area of law.
Acknowledging the limits described above, this Comment does find that pro se reform in federal district courts has not yet meaningfully impacted case outcomes for pro se litigants, whereas increased access to counsel has had somewhat more promising results in the experimental literature.131 The policy implications of those facts are not immediately clear. These results suggest that increased access to counsel may help pro se litigants vindicate rights; however, the wisdom of that approach depends on whether the costs of that increased access to counsel outweigh the benefits or whether there are cheaper ways to achieve those benefits. One critical question in this vein is whether there are more effective reform opportunities available to courts, because more effective reforms could still conceivably enable improved outcomes for pro se litigants at a lower cost than increased access to counsel. This Comment finds little evidence that measures thus far implemented by courts have improved case outcomes. Hence, merely renewing and expanding similar reforms does not appear to be an especially promising path forward.
How does it work? I attended a meeting with a group of advocates from across Pennsylvania, and Steve Gold, the attorney who designed this Pro Se, told us about filing our own lawsuits. Once I learned how to use it, I was ready for action, I couldn't wait to do my first case. My success rate since I began to use the Pro Se form has been 100%: all public accommodations served with papers under the Pro Se method have made their places accessible.
[p]ro se litigation is difficult for us to handle at least in part because it doesn’t fit into the neat box of our traditional system of litigation, the adversarial method of resolving disputes. That system assumes that the parties know the law, are adept at procedure and the rules of evidence, and can marshal significant facts, present their side of the case to the factfinder thoroughly and lance the arguments of the opponent. But pro se litigants are capable of little if any of that.
Unless your case is unusually complex, you really can represent yourself. You may not have all the legal training of a lawyer, but you do not need to go to law school to have common sense, to learn how to ask intelligent questions, or to recognize what makes people and information believable. In the words of Oliver Wendell Holmes, one of the country’s most revered U.S. Supreme Court justices, “The life of the law has not been logic, it has been experience.” As these words suggest, your everyday life experience is the foundation of most of what you need to know to present a coherent, convincing case. Besides, as former Supreme Court Chief Justice Warren Burger was fond of pointing out, many lawyers are not such hotshots; they often come to court ill-prepared and lacking professional skills.

One of the most important aspects of pro se litigation in federal district courts is that pro se litigants fare extremely poorly. This is generally understood in the literature.82 However, the magnitude of the disparity between pro se and represented litigants is not always highlighted. Accordingly, this Section presents statistics on typical outcomes for represented and pro se litigants in trial. Tables 2.2 and 2.3 show the win rates of plaintiffs and defendants in cases that reach a final judgment based on whether both parties are represented, the plaintiff is proceeding pro se, or the defendant is proceeding pro se.
Herman Melville was an American novelist, short story writer, essayist, and poet. His first two books gained much attention, though they were not bestsellers, and his popularity declined precipitously only a few years later. By the time of his death he had been almost completely forgotten, but his longest novel, Moby-Dick — largely considered a failure d ...more
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.
Now most pro se litigants are at a disadvantage in contested litigation. It may be awkward or inappropriate for them to appear both as counsel and as a witness. They're deprived of the judgment of an independent third party in framing the case, in evaluating how to present the evidence and in forming legal arguments and also in making sure that it is reason rather than emotion that steers how the case is conducted. That's why Judges sometimes warn a party who is proceeding pro se of the old saying that anyone who represents himself in court has a fool for a client and an ass for an attorney.
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.
Tables 1.1 and 1.2 demonstrate that a large proportion of clerks’ offices and chief judges at district courts believe that pro se reform measures are helpful to nonprisoner pro se litigants.71 For example, the majority of clerks’ offices surveyed in the FJC Survey believe that making information and guidance tailored to pro se litigants readily available is one of the most effective measures for helping nonprisoner pro se litigants. The vast majority of responding chief judges believe handbooks and standardized materials are helpful, and about 25 percent of chief judges surveyed believe that personal assistance by the clerk’s office staff is helpful to pro se litigants. Often, these handbooks and standardized materials are extensive. For example, the Northern District of Illinois’s website currently has a thirty-five-page generalized handbook advising pro se litigants72 and specific instructions and forms for how to handle civil rights, employment discrimination, and mortgage foreclosure cases.73

This constraint exists because lawsuit funding companies need a mechanism to be repaid when the case settles. As a trustee, the attorney after paying him or herself, is "trusted" to honor the existing liens on the case. In general a lawsuit funding company will not be comfortable relying on a plaintiff to repay without an attorney having the responsibility to distribute case proceeds.


Don't let the Pro Se form scare you. It's easy! All you have to do is just put it in the computer and fill in the bold parts that are in parentheses. If you do not have a computer, then use the "blank" pro se. We have an example copy included for your convenience. Keep the example copy with you at your side as a guideline. Once you have the disk copy in your computer and the example copy in front of you, just follow these suggestions and you're on your way:
James Traficant, the colorful congressman from Ohio, defended himself twice. The first time was on bribery charges during his time as a local sheriff in the early 80s. He succeeded with a daring argument that his bribe-taking was really part of a corruption investigation that he himself was running. The second time didn't work out so well. He was convicted of some impropriety with campaign funds, got kicked out of the House, and went to prison for several years.
Supreme Court held for the first time that the Due Process Clause of the Fourteenth Amendment requires states to respect the right to counsel in at least some criminal trials.21 Under Powell, the right to adequate counsel was guaranteed only for capital cases. The Court explicitly declined to reach the question of whether states needed to provide a similar guarantee of access to counsel in noncapital cases.22
61. See, for example, Drew A. Swank, In Defense of Rules and Roles: The Need to Curb Extreme Forms of Pro Se Assistance and Accommodation in Litigation, 54 Am U L Rev 1537, 1583–93 (2005) (arguing that, by playing an active role in the litigation process, a judge becomes an interested party and may become biased—which violates the ideal American judicial role of a “neutral referee”—and may be unfairly advantaged if they are excused for procedural mistakes while represented litigants still bear the costs of procedural mistakes their lawyers may make).
Proponents and detractors within the civil Gideon debate disagree on how effective civil Gideon would be in improving case outcomes for pro se litigants. One reason for this is that commentators disagree about how effective Gideon itself has been at improving case outcomes for criminal defendants.50 Many of the reasons commonly given for the failure of Gideon, such as the political difficulty of allocating sufficient resources to defense lawyers and the high bar for claiming ineffective assistance of counsel, would likely apply with equal or greater force in the context of civil Gideon.51
In order to evaluate the effects of different pro se reform measures undertaken by district courts, this Section compares the win rates of pro se litigants in courts that have enacted each of the reforms discussed in the FJC Survey with the win rates of litigants in the districts that have not enacted those same reforms. Table 3A compares the win rates for plaintiffs in cases in which both parties are represented with those in which either the plaintiff or defendant is pro se based on whether the district court employs a particular policy.
Melville’s last novel was met mostly with ignorance. Perhaps it was Melville’s form and style, summed by his own words, “There are some enterprises in which a careful disorderliness is the true method.” Though more true of Moby Dick than The Confidence Man, I suspect readers still didn’t quite know what to make of a novel that, despite being orderly by comparison, was nearly three-quarters dialog; without a discerna ...more
Some states have just one kind of trial court, which hears all sorts of cases. In Illinois, for example, circuit courts hear all kinds of disputes. In other states, by contrast, cases that involve less than a certain dollar amount may be tried in one type of court (municipal, city, or justice court, for example), while larger cases go to another type of court (superior, county, or circuit court, for example).
This book is designed both to increase your overall understanding of the litigation process and to provide detailed advice about each stage of trial. Unless you are ­already in the midst of trial and need to refer to a particular chapter immediately, begin preparing to represent yourself by read­ing through the book as a whole. As you become familiar with the litigation process, you will understand the significance of procedures and techniques that may initially seem peculiar or unnecessary.
I’ve filed and served a request for admissions which the Defendant”s attorney failed to answer within the 30 day period allotted by rule here in Oregon. The rules also state that a failure to answer the request will result in admission of the answers requested. From what I can glean from the rules, I now need to file a “Motion To Determine Sufficiency”. If I fail to file such a motion, can I simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which I no longer must prove at trial?
Consumers have tried to convince courts to set aside arbitration provisions on the grounds that they are unconscionable and deprive them of their day in court. However, these challenges are not usually successful. For example, under the Federal Arbitration Act, arbitration provisions can trump consumers’ rights to file class action lawsuits. (AT&T Mobility LLC v. Conception, 131 S.Ct. 1740 (2011)).
Don't let the Pro Se form scare you. It's easy! All you have to do is just put it in the computer and fill in the bold parts that are in parentheses. If you do not have a computer, then use the "blank" pro se. We have an example copy included for your convenience. Keep the example copy with you at your side as a guideline. Once you have the disk copy in your computer and the example copy in front of you, just follow these suggestions and you're on your way:
Some pro se litigants who are federal prisoners are subject to the Prison Litigation Reform Act. The American Civil Liberties Union (ACLU) has asserted: ""For over thirteen years, the Prison Litigation Reform Act has denied access to the courts to countless prisoners who have become victims of abuse, creating a system of injustice that denies redress for prisoners alleging serious abuses, barriers that don't apply to anyone else. It is time for Congress to pass legislation to restore the courts as a needed check on prisoner abuse."[36][37] 54% of judges responding to a Federal Judicial Conference survey use videoconferences for prisoner pro se hearings.[16]:29
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