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.
Laws and organizations charged with regulating judicial conduct may also affect pro se litigants. For example, The State of California Judicial Council has addressed through published materials the need of the Judiciary to act in the interests of fairness to self-represented litigants. The California rules express a preference for resolution of every case on the merits, even if resolution requires excusing inadvertence by a pro se litigant that would otherwise result in a dismissal. The Judicial Council justifies this position based on the idea that "Judges are charged with ascertaining the truth, not just playing referee ... A lawsuit is not a game, where the party with the cleverest lawyer prevails regardless of the merits." It suggests "the court should take whatever measures may be reasonable and necessary to insure a fair trial" and says "There is only one reported case in the U.S. finding a judge's specific accommodations have gone too far." The committee notes to the Federal Rules of Civil Procedure rule 56 on summary judgments notes that "Many courts take extra care with pro se litigants, advising them of the need to respond and the risk of losing by summary judgment if an adequate response is not filed. And the court may seek to reassure itself by some examination of the record before granting summary judgment against a pro se litigant."
Limit the scope of trial. Pursuant to federal and state rules of evidence and procedure, courts are responsible for establishing ground rules to efficiently manage and regulate trial practice and trial testimony. This is especially important when trial involves a pro se party because the lack of substantive and procedural knowledge can create an ever-changing, and often ever-expanding, litigation framework. Accordingly, trial counsel should make use of pretrial briefing mechanisms—including motions in limine and bench memoranda—to limit the issues for trial. Pretrial briefing affords the pro se litigant the opportunity to have his or her voice heard on the issues while efficiently framing the matters for trial. If the rules of court do not impose page limits on the particular mode of briefing being used, trial counsel should ask the court to set a page limit to help focus the discussion. In addition, trial counsel should consider asking the court to allow the parties to submit in advance their questions for direct examination to both limit improper objections and further focus the testimony on relevant, admissible evidence.
Following Gideon, legal activists began a push to extend the right to counsel into the civil sphere. Advocates argued that the right to counsel should be extended to civil cases in which the litigants’ essential rights were at stake.36 Those activists have had limited success; the Supreme Court has declined to find a right to counsel in civil litigation. In one notable case, Lassiter v
43. Id at 447–48 (citations omitted). Note that safeguards, such as additional forms to elicit relevant information or additional notice about critical issues, are potentially similar, though not identical, to reforms such as giving pro se litigants access to an electronic version of the docket or allowing additional communication with a clerk at the court (the reforms analyzed in Part III).
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.
I've spent a lot of time sending accessibility complaints to the DOJ for the "mediation process", which is supposed to be a faster way to get better compliance. No response. I waited and got no response. I'm still waiting for, at the very least, a letter confirming that they received the things, let alone tell me what action, if any, they would be taking. Nothing.
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." 54% of judges responding to a Federal Judicial Conference survey use videoconferences for prisoner pro se hearings.:29
Variations Possible. A form may call for more or less information than a particular court requires. The fact that a form asks for certain information does not mean that every court or a particular court requires it. And if the form does not ask for certain information, a particular court might still require it. Consult the rules and caselaw that govern in the court where you are filing the pleading.