Courts across the country are increasing the resources available to the surge of pro se litigants attempting to navigate the judicial system. Courts are not only addressing the legal and procedural obstacles facing pro se litigants, but they are also focusing on “sociological [and] psychological aspects of how unrepresented litigants feel about the overall litigation experience.” Id. at 3. Likewise, attorneys, and civil trial lawyers in particular, must be cautious of the challenges and special considerations involving pro se litigants.
121. See Bloom and Hershkoff, 16 Notre Dame J L, Ethics & Pub Pol at 493–94 (cited in note 74). About 15 percent of civil cases were pro se cases in 1999, and a substantial percentage of those cases were prisoner pro se cases, so the percent of the docket comprised of nonprisoner pro se cases was relatively close to the typical 9 percent of the federal docket for the time period that Table 2A covers. Further, the bulk of those cases were civil rights cases, employment discrimination cases, and Social Security cases. The former two categories are also the most typical types of nonprisoner pro se litigation in this analysis, as Table 2D shows.
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.
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.