If the parties do not settle, the case will proceed to trial. At trial, both the plaintiff and defendant will present their cases through evidence, including witness and expert testimony. Defamation cases are typically questions of fact, so a jury will decide whether or not the plaintiff was defamed and, if so, the amount of injury damages you're entitled to receive.
So even if it seems highly unfair, do not be surprised if you encounter initial hostility from court personnel. In your eyes, you are an individual seeking justice and doing what you have a right to do. But to the people who work in courthouses every day, you may be perceived as someone who will make their jobs more difficult. Instead of helping you, they may even attempt to put obstacles in your path, hoping that you will get discouraged and go away.
"I did not have sexual relations with Monica Lowinsky." Ms. Lowinsky's allegations involved oral sex. The definition of sexual relations does NOT include oral sex. President Clinton never denied Ms. Lowinsky's sexual allegation....but millions thought he did! "There is no improper relationship." There isn't now, but WAS there? Many of us are raised speaking and writing without precision. We fill in the gaps with what we believe is the intended meaning. Precision in the spoken and written word will take time to learn.
The employees of the Prothonotary's Office are not attorneys, and they are not permitted to give legal advice or show you how to process your case. Some court staff may not know the answers to all questions about court rules, procedures and practices, and because we do not want to give you incorrect information, we will not answer questions if we do not know the correct answer.
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.
11. See Donna Stienstra, Jared Bataillon, and Jason A. Cantone, Assistance to Pro Se Litigants in U.S. District Courts: A Report on Surveys of Clerks of Court and Chief Judges *3 (Federal Judicial Center, 2011), archived at http://perma.cc/8TYT-7Y43 (reporting that 90 percent of the US district courts surveyed have adopted at least one procedural reform).
“In little more than a year the clinic has built confidence in the justice system for many pro se litigants. Our legal staff and volunteers have been able to make the process less confusing for clinic visitors and guide them in the right direction, which improves their chances for satisfactory outcomes,” said Robyn Tarnofsky, the director of the clinic.
The exclusion of prisoner pro se litigation is a potentially consequential choice. Commentators sometimes discuss trends in prisoner and nonprisoner civil pro se litigation without differentiating between the two classes, but there is no reason to assume that trends in prisoner pro se litigation mirror trends in nonprisoner pro se litigation.80 Prisoner pro se litigation may be an interesting topic of its own. However, most prisoner litigation consists of several unique case types that are pseudocriminal in nature, particularly habeas petitions, that are not necessarily similar to other types of civil pro se litigation. Accordingly, the scope of this Comment excludes cases that are predominantly brought by prisoners in order to focus more narrowly on the dynamics of civil nonprisoner pro se litigation in federal district courts.81
Unlike civil Gideon advocates, reform advocates have been successful in implementing pro se reform. A 2011 survey by the Federal Judicial Center of United States District Courts (“FJC Survey”) found that eighty-seven of ninety responding districts had implemented at least one program or procedure to assist pro se litigants.64 Similar reforms have been undertaken in at least some state and local courts as well.65
A number of recent studies funded by the courts and the ABA have advanced the concept of the multi-door courthouse, where courts would offer potential litigants a menu of possible solutions, many of which would not require a lawyer. This concept assumes courts want to reach out to prospective users and help them resolve their disputes in a manner appropriate to the dispute and the resources of the parties.
There are some notable records of pro se litigants winning more than $2,000 as plaintiffs: Robert Kearns, inventor of the intermittent windshield wiper who won more than $10 million from Ford for patent infringement; Dr. Julio Perez (District of Southern New York 10-cv-08278) won approximately $5 million in a federal jury trial from Progenics Pharmaceuticals for wrongful termination as a result of whistleblowing; Reginald and Roxanna Bailey (District of Missouri 08-cv-1456), a married couple, who together won $140,000 from Allstate Insurance in a federal jury trial; George M. Cofield, a pro se janitor, won $30,000 from the City of Atlanta in 1980; and Jonathan Odom, a pro se prisoner, who while still a prisoner, won $19,999 from the State of New York in a jury trial. Timothy-Allen Albertson, who appeared in pro. per., was awarded $3,500 in 1981 in a judgment by the San Francisco Municipal Court entered against the Universal Life Church for defamation by one of its ministers.
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.
From an initial look at Figure 1, no meaningful change in the outcomes of pro se litigation in EDNY appears in the years following the creation of the pro se magistrate’s office. Instead, for all district courts in the New York area, there is seemingly considerable variance in case outcomes on a yearly basis, with pro se litigants performing very similarly on average in both sets of districts before and after the pro se reform. However, Figure 1 does reflect the possibility that the percent of cases won by pro se plaintiffs in the other New York district courts trended downward more than in EDNY. But this is uncertain. With the exception of 1999, the win rates of pro se litigants are relatively similar in EDNY to New York’s other district courts.
In a California study of family matters, one party appeared pro se in 2/3 of all domestic relations cases and in 40% of all child custody cases in 1991-95. California reports in 2001 that over 50% of the filings in custody and visitation are by pro se litigants. Urban courts report that approximately 80% of the new divorce filings are filed pro se.