Use small claims court techniques in bench trials. Most states have revamped court rules and procedures to accommodate non-lawyers very well in one place: their small claims courts. Small claims cases are not simple; many are conceptually difficult. (Lawyers have been willing to accommodate the small claims court system because those cases present little or no potential for fees.)
The judge in my case offered an angry and dismissive "Here we go!" when I argued that he must liberally construe the allegations in my complaint, as the 1972 Supreme Court precedent Haines v. Kerner dictates. He also disregarded the court's own local rules by denying my right to conduct my own voir dire of the prospective jurors, simply because I was proceeding pro se. He berated me in open court for my refusal to retain an attorney, and condescendingly informed me that he didn't think I would prevail at the trial. At various points, including when he urged me to accept the defendant's settlement offer, I felt he was trying to intimidate me simply because I chose to represent myself.
Narrow exceptions to this principle have also been suggested by other courts in the United States. For example, according to one district court a state-licensed attorney who is acting as pro se may collect attorney's fees when he represents a class (of which he is a member) in a class action lawsuit, or according to another court represents a law firm of which he is a member. In each of those instances, a non-attorney would be barred from conducting the representation altogether. One district court found that this policy does not prevent a pro se attorney from recovering fees paid for consultations with outside counsel. Pro se who are not state-licensed attorneys cannot bring up a class action lawsuit.
This Comment presents commentators with a perspective on the volume, types, and typical success rates of pro se litigants in federal district courts. It shows that nonprisoner pro se litigants comprise a meaningful percentage of the federal docket. Moreover, pro se litigants show up in substantial numbers across many different types of litigation, from property cases, to torts cases, to civil rights cases. However, in nearly all of those types of cases, pro se litigants fare at least several times worse than represented litigants; overall, pro se plaintiffs are less than one-tenth as likely to win cases as represented plaintiffs, whereas pro se defendants are only about one-third as likely to win cases as represented defendants.
With that said, some breaches of procedure by a pro se litigant are important, while others are not. To navigate these inevitable breaches to the benefit of a client, counsel must determine how the court generally views such breaches and take steps to ensure the court understands when the breaches are material (e.g., the breach prejudices a party unfairly). However, even potentially armed with such knowledge, the court may have a “tendency to stretch or ignore the procedural rules in the pro se litigant’s favor.” Id. at 50. While counsel can continually remind the court that the pro se litigant must be held to the same standard as an attorney, “some courts may still regard procedural breaches as relatively unimportant.” Id. Thus, it becomes imperative “to convince the court that the procedural breach is a serious matter.” Id. In other words, counsel must educate the court in both a succinct and compelling way—whether through an oral objection or appropriate written means—that the pro se litigant’s procedural failure is unduly prejudicial to counsel’s client, the court, the administration of justice generally, or some or all of these.
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.
Await Defendant's Answer. After being served with the complaint, the defendant will have a prescribed amount of time to file an answer. In California, a defendant usually must file a written response within 30 calendar days of being served. In Federal Court, a defendant only has 20 days. A defendant’s answer will typically include defenses, such as truth or expiration of the statute of limitations.
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.
Let’s say you go to court and a court reporter is not present. You argue very strong points against an attorney with weak ones. Despite both the law and facts on your side, you lose. Think an appellate court will understand what went wrong and overturn the ruling? Probably not. Appellate courts will find many excuses not to overturn a lower court ruling. Without a court reporter’s transcript, an appellate court will say that the lower court was in the best position to evaluate the arguments made. Then, they’ll let the lower court decision stand. A court reporter, on the other hand, creates an official record of proceedings that can be sent to the appellate court. In the lower court, the simple presence of a court reporter greatly curtails judicial bias and bad behavior from lawyers. With that, you have a better chance of getting a fair hearing. To learn more about the effect of court reporters on judges and lawyers see, A Court Reporter Stops All Foolishness.
This book explains each step of the civil litigation process from pre-litigation investigation through trial on the merits to give you the best chance of prevailing in your efforts whether you are a plaintiff or a defendant. Its detailed explanations of the various requirements of the litigation process are supported with detailed checklists that insure you leave nothing to chance as you work through the process and help you avoid the costly mistakes pro se litigants commonly make as they fight their lawsuits.
We strongly recommend that you prepare a trial notebook. A trial notebook is a series of outlines covering matters such as what you must prove (or, if you are a defendant, disprove); the evidence you will use to prove (or disprove) those matters; the topics you intend to cover on direct and cross-examination; a list of the names, addresses, and telephone numbers of your witnesses; and the exhibits you plan to introduce into evidence. The notebook serves as your courtroom manager. You can refer to it to make sure that you do not overlook evidence you planned to offer or an argument you intended to make.
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.
Some pro se litigants are intelligent and sophisticated. I recall one individual who represented himself in a case that proceeded to jury trial. He proved quite capable, and the verdict was in his favor. In other cases, the pro se parties are long on emotion and short on knowledge regarding law and procedure. This puts the judge in an uncomfortable position.
There are also freely accessible web search engines to assist pro se in finding court decisions that can be cited as an example or analogy to resolve similar questions of law. Google Scholar is the biggest database of full text state and federal courts decisions that can be accessed without charge. These web search engines often allow pro se to select specific state courts to search.
128. However, this result is not robust against a different choice of years. For example, while the point estimate is still negative, the 95 percent confidence interval for a regression run on data from 1999 through 2006 includes zero (though the 90 percent confidence interval does not). Thus, the better takeaway at this point is not that the reform has had a negative impact on win rates but that it has not had a significant positive impact on win rates.
^ Kay v. Ehrler, 499 U.S. 432, 435 (1991), citing Gonzalez v. Kangas, 814 F. 2d 1411 (9th Cir. 1987); Smith v. DeBartoli, 769 F. 2d 451, 453 (7th Cir. 1985), cert. denied, 475 U.S. 1067 (1986); Turman v. Tuttle, 711 F. 2d 148 (10th Cir. 1983) (per curiam); Owens-El v. Robinson, 694 F. 2d 941 (3d Cir. 1982); Wright v. Crowell, 674 F. 2d 521 (6th Cir. 1982) (per curiam); Cofield v. Atlanta, 648 F. 2d 986, 987-988 (5th Cir. 1981); Lovell v. Snow, 637 F. 2d 170 (1st Cir. 1981); Davis v. Parratt, 608 F. 2d 717 (8th Cir. 1979) (per curiam).
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).
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.