Although EDNY created this office partially in response to the growth of pro se litigation in that district, its caseload appears broadly representative of pro se litigation more generally as of 1999, shortly before the creation of the magistrate judge’s office.121 The concerns that led to EDNY’s decision to appoint this special magistrate judge—the difficulty of fairly and efficiently managing the large pro se docket and the need for specialized resources to do so—seem to echo the same primary concerns that other courts and commentators have expressed about the pro se litigation process.122
Courts are public institutions belonging to the people, and you have the right to represent yourself there. However, courts are also bureaucratic institutions with very heavy caseloads. Historically, filing clerks, courtroom clerks, court reporters, and even judges have usually preferred to deal with lawyers rather than with people who represent themselves. (When you represent yourself, you may find yourself referred to as a “pro per” or “pro se” litigant, Latin abbreviations favored by judges and lawyers.) Although the increasing number of people representing themselves is beginning to change these attitudes in some places, many court personnel believe (often mistakenly) that they can do their work more quickly and easily when they work with lawyers than when they work with people who are representing themselves.
Sir Walter Raleigh defended himself against charges treason, I believe because treason defendants were not allowed to have counsel. Raleigh lost, and was eventually beheaded, but you might say that he won in the court of history. His arguments against the prosecution's use of affidavits instead of live testimony are well known today, and the case is held up as an example of what would now be a violation of the Confrontation Clause.
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.
A longstanding and widely practiced rule prohibits corporations from being represented by non-attorneys, consistent with the existence of a corporation as a "person" separate and distinct from its shareholders, officers and employees. 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."
If you cannot attend a scheduled court date (because of hospitalization or illness, etc.), you may file a motion to postpone the case. The Pro Se Staff will help you with the preparation of the motion and notice. In addition, telephone your opponent to explain that you need a continuance. If you and your opponent agree on another date, the Judge will try to accommodate you. In any event, you or someone for you should appear in court on the scheduled court date. The Judge will then grant or deny the continuance.
For lawyers, in contrast, the legal system is an array of procedures that begin long before trial (and often continue long afterwards). In fact, few cases ever actually make it to trial. Instead, they settle out of court—or are dismissed—because of these pretrial procedures. Although individually justifiable, collectively these procedures create the potential for adversaries to engage in lengthy “paper wars” that you might find harrowing. Many lawyers are fair and reasonable and will not try to “paper you to death.” Nevertheless, you have to realize from the outset that representing yourself effectively is likely to require a substantial commitment of time—even if your case never goes to trial.
“One statistic asserts that 90 percent of Americans will face a lawsuit at some point in their lives,” Zeidwig points out. “Yes, it’s possible to represent yourself in court, but you need to know specifically what to do in order to be best prepared. For example, how much time you have to file documents and such is rigid — if you miss the deadline, you’re in serious trouble.”
So, you have to decide what your goal is: (1) To post your complaint on the web in all its vitriolic splendor and go down in a blaze of glory or (2) to win your case. If its the former, go for it! If its the latter, get some help to draft a complaint in law talk, keep it simple, and go for the bucks you need to survive. You can do that, and still keep the street war going in a forum other than the courtroom. That's the win-win approach.
My question is: Can I serve my soon to be ex-wife a Discovery request even though I’m pro se and representing myself? I was served with a request from her attorney after our hearing for temporary alimony and child support and I want to counter act with a request as well. Her attorney is taking full advantage of my pro se circumstances and incompetent knowledge of divorce law as she should. I don’t want this to be an easy win for her when I have evidence that can work in my favor. I just need to find the best way to get it in front of the judge without being bullied in the court room. I don’t know my rights as a pro se litigant and I need as much advice as possible. I picked up her financial affidavit from the clerks office and she’s leaving out a lot of income that needs to be uncovered in my case. The issue is being overwhelmed by all of her attorney deadlines and demands which sidetracks my course of action to respond in my defense appropriately.
To represent yourself successfully, especially if your adversary has a lawyer, you must be prepared to invest substantial amounts of time in your case—and particularly in the many pretrial procedures and maneuvers that can mean the difference between winning and losing. To non-lawyers, the legal system seems to center on the outcomes of trials. After all, that’s the dramatic part—and the focus of so many movies and TV shows. If you believe these portrayals, you might think you just have to file a few papers, tell your story to a judge, and claim victory. (This was the belief of Vinny, who represents two defendants charged with murder in the wonderful courtroom comedy film, My Cousin Vinny. Vinny shows up for an arraignment and tries to explain to the judge that the police made a mistake. Vinny is shocked when the judge advises him that he’s not going to set aside all of his state’s procedures just because Vinny finds himself “in the unique position of representing clients who say they didn’t do it.”)
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).
Another popular method of resolving disputes outside of court is mediation, which is generally less formal and less costly than arbitration. Mediation is a voluntary process in which you meet with your adversary in the company of a neutral third person, the mediator. The mediator has no power to impose a solution; rather, the mediator’s role is to facilitate settlement by clarifying each party’s position, encouraging cooperation, and suggesting possible solutions. Professional mediators charge for their services, typically by the hour. Normally, the parties split the mediator’s fee.
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
This Part presents an empirical analysis of pro se reforms made in federal district courts. It compares outcomes for pro se litigants in courts that have implemented reforms with outcomes for pro se litigants in courts that have not implemented reforms. The analysis discovers that outcomes are not substantially different in courts that have made these reforms. Hence, this Part suggests that pro se reforms in federal district courts have not impacted outcomes of pro se litigation despite evidence that clerks and judges in those courts believe the reforms are effective at achieving this goal.
We will start with pro se. That's a Latin term meaning on one's own behalf and in a court setting it refers to persons who present their own cases without lawyers or other representatives. Now some people choose to act pro se because they have legal experience or they're otherwise very confident about their ability to convey their claim or their defence without any assistance. Other people may simply wish to avoid paying attorney's fees and the often exorbitant expenses associated with hiring a lawyer.
People have generally three epochs in their confidence in man. In the first they believe him to be everything that is good, and they are lavish with their friendship and confidence. In the next, they have had experience, has smitten down their confidence, and they then have to be careful not to mistrust every one, and to put the worst construction upon everything. Later in life, they learn that the greater number of men have much more good in them than bad, and that even when there is cause to blame, there is more reason to pity than condemn; and then a spirit of confidence again awakens within them.
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A fellow advocate member of DAC, our advocacy group, filed her Pro Se in Federal District Court, after waiting and waiting for DOJ to respond. She lives on a low fixed income, and was able to waive the filing fee. Within a week, she received her notification of receipt that her case is now pending in federal court. At the same time she received notification that the inaccessible business was being served the complaint by a federal marshal. Shortly after that, she received a letter from the attorney for the inaccessible business stating that they wanted to settle out of court. Of course!! We settled for full compliance with the ADA.
Accordingly, this Comment suggests that pro se trial court reform is not the silver bullet that some commentators have hoped for in the quest to remedy the shortcomings of the pro se litigation process. In order to meaningfully improve case outcomes for pro se litigants, the legal community will either need to implement different and potentially more dramatic reforms than those implemented thus far or consider another approach altogether, such as renewed advocacy for “civil Gideon.”12 Alternatively, it is also possible that there is no cost-effective way to improve case outcomes for civil pro se litigants in the context of the modern US legal system. This Comment does not analyze the merits of these options. Instead, it strongly suggests that a different solution is needed to ensure pro se litigants get a full and equal opportunity to have their claims redressed via litigation.
In addition to dropping the above cases, I undertook a series of steps to consolidate multiple records from certain cases and prevent those cases from being double-counted. To do so, I first created unique identifiers for each case based on the district, office, and docket number of its first filing. I then used those unique identifiers to consolidate multiple records that correspond to the same case into single records. I considered the filing date to be the first date on which the case was filed and the termination date to be the final date on which the case was terminated.
Table 3C tells a similar story as Tables 3A and 3B. Although there is some variation in the win rates, there is no discernable pattern. Pro se litigants do not consistently have better case outcomes in districts that have implemented more policies aimed at improving the lot of pro se litigants. Instead, the win rates of pro se litigants deviate only a couple of percentage points from the overall average win rates for pro se litigants even in districts that have implemented three, four, or more of the policies considered in this Comment.
Why file a Pro Se complaint? As the chair of an advocacy group called the Disability Action Crew (DAC), I have lots of information to help others advocate for access. With every question I get asked about advocacy, it seems I often end up with more questions that go unanswered. It's like a coach trying to beat a team that makes all the rules as the game goes along. He's out there, he's trying to win, but every time he goes for the goal there's a different set of rules. Advocacy's like that‹we don't know the rule of winning access until we break them. And we look to authorities for the answers: the DOJ, the EEOC, the HRC, the DOT.
Does Courtroom5 apply to Ilinois ? I’m trying to accept the Judges recommendation fir division of property in a divorce case and avoid trial but my lawyer is trying to go to trial to Tim up the fees … I know I can dismiss lawyer but how do I tell the judge that I want to accept her recommendation for division of property ? Do I 1st file pro se and attach a motion to it simply telling the judge this ? My lawyer is telling me that the judge may not let me out of the case, etc. to discourage me. I need this case to close. No children are involved and this case resulted from a Bifurcated Divorce. I need to get some advice as soon as possible and feel confident about filing the documents. Trial is set for June 2019.
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.
It sounds like you are on the right path and are doing things correctly. Since the defendant hasn’t complied with the rules and has failed to either admit, deny, or object to your requests, it seems clear that the judge will not have much other choice other than to issue an order deeming the matters as admitted under ORCP Rule 45. And congratulations for submitting requests for admissions, many pro se’s make the mistake of not submitting requests for admissions in their litigations. Requests for Admissions can be very crucial to a case and it is a mistake not to submit them to the opposing party. Hopefully the judge in your case will follow the governing rule and issue an order deeming the matters from your requests as admitted. That will certainly help you prove your case and as you said, will also potentially alleviate your having to drag some witnesses into court against their will to testify. Good for you for holding your own and overcoming the “overwhelming” factor and resisting folding your hand. And good for you for not allowing the defendant’s lawyer into bluffing you and trying to intimidate you into giving up. This is what unscrupulous lawyers try to do, and unfortunately, it works many times. It sounds like you are doing a great job holding your own. You are doing a great job on how you are handling the requests for admissions issues. Keep up the good work! I wish you the best!
Pro Se One Stop Legal Document Services, LLC is a non-lawyer document preparation service dedicated to saving you time and money with your legal matters and helping you to avoid unnecessary attorney’s fees. We are not attorneys and we do not offer legal advice, but we do provide high quality legal document preparation services with a high attention to detail in various areas, predominantly family and civil matters. We are conscientious of our customer’s unique, individual needs and differing scenarios.
68. Table 1A records the responses of clerks’ offices to the question “What are the most effective measures your district has implemented to date to help the clerk’s office, prisoner pro se litigants, and nonprisoner pro se litigants?” under the sections “Measures that help nonprisoner pro se litigants.” Importantly, this is separated from “Measures that help the clerk’s office” and “Measures that help prisoner pro se litigants.” The responses to those latter questions differ meaningfully from the responses concerning measures effective at helping nonprisoner pro se litigants. The chief judges were similarly asked to separate measures that helped nonprisoner pro se litigants from measures that helped the court or prisoner pro se litigants. See Stienstra, Bataillon, and Cantone, Assistance to Pro Se Litigants in U.S. District Courts at *15, 17, 35, 54, 61 (cited in note 11).
Understanding the procedures and techniques described here will help you present a persuasive, legally proper case whether you are a plaintiff (meaning that you have filed a lawsuit yourself) or a defendant (meaning that you have been sued). Illustrated with sample forms, pleadings, and courtroom dialogues, the book will take you through the litigation process step by step, from deciding whether you have a valid legal claim or defense to preparing an appeal if you lose.
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.
6. If you have a paragraph 18 and 19, then you might want to add a paragraph 20 that might read something like this, "Other commercial facilities similar to the defendant's have made similar modifications, like what we ask here. Defendant could easily make his business accessible but has chosen not to comply with the Americans with Disabilities Act." You might also want to add a 20a that reads, "to assist businesses with complying with the ADA, Congress has enacted a tax credit for small businesses, and a tax deduction available to all businesses."
The challenges presented by the large volume of pro se cases in federal district courts may require meaningful changes to achieve a full resolution. In order to make headway on that front, reformers must properly contextualize and understand the nature of pro se litigation in those courts and evaluate the successes and failures of efforts that have been undertaken thus far.
For example, the Federal Rules of Evidence (often referred to as the FRE) govern the introduction of evidence in federal court trials. But about 40 states also use the FRE in their state court trials. And even those states that have not formally adopted the FRE have evidence rules that are quite similar to them. This means that, for the most part, trials are conducted in the same way nationwide. Another set of federal rules, the Federal Rules of Civil Procedure (or FRCP) apply similarly to govern procedural (rather than evidentiary) rules. Because of this basic uniformity, the book frequently refers you to specific rules that, even if they differ somewhat from your state’s rules, should help you understand the basic procedures that will apply to your case.
Once convicted, a prisoner no longer has the right to a public defender. Motions for post conviction relief are considered civil motions. Brandon Moon is an example of an unsuccessful pro se litigant who became successful when his case was taken by a lawyer. Moon's case was taken by the Innocence Project, and he was released after 17 years in jail for a rape that he did not commit.