Questions tagged [pro-se]

A person acting as their own legal representation.

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10
votes
5answers
2k views

What resources are available to a pro se litigant?

Suppose I am not a professional lawyer but I have standing and want to bring a case to court pro se. To make this widely applicable and more readily answerable: Suppose I want to file a 42 USC 1983 ...
6
votes
8answers
1k views

Unable to afford a lawyer, can I go into court by myself?

A lot of people are unable to afford a public defender, so I was wondering if this is possible.
6
votes
3answers
129 views

How does lawyers' duty of fidelity to court work?

Rules of conduct and client care for lawyers say in Chapter 13: The overriding duty of a lawyer acting in litigation is to the court concerned. Subject to this, the lawyer has a duty to act in the ...
5
votes
2answers
630 views

Can a person appear in court pro se with counsel?

I already know about the possible folly for doing this, so my question is not how wise would this be, but rather: In some criminal trials, defendants have multiple attorneys working the case. In OJ ...
5
votes
1answer
123 views

What are the potential pitfalls of representing oneself pro se?

Where do pros se litigants most often fail? Is it because of ignorance of legal protocols? Is it because they use overly aggressive tactics that most lawyers wouldn't use? Is it because they failed to ...
4
votes
3answers
785 views

Does one have to name third parties in a lawsuit?

If someone is indirectly involved in a case but not a defendant, do they have to be specified by name in the complaint? For example, say person A asks their neighbor, person B, if they can borrow five ...
4
votes
1answer
418 views

When can a defendant in a criminal trial introduce evidence?

I was watching a criminal speeding trial in Texas a few weeks ago. The defendant was acting pro se. A police dash-cam video apparently existed of the incident and the defendant was in possession of it....
4
votes
1answer
13k views

Can a power of attorney allow you to act “pro se” on behalf of the issuer?

Anyone can represent themselves in a court of law, if he or she doesn't want, or can't afford, a lawyer. On the other hand, only lawyers who have passed the bar in a state are allowed to represent ...
3
votes
2answers
179 views

What options exist for doing one's own legal work?

To my understanding, you can always represent yourself in court. So when is it a good idea to get a lawyer? I have a relatively simple case but could use a few pointers. I know legal proceedings have ...
3
votes
1answer
259 views

Who is to examine the witness who is the self-represented plaintiff or prosecutor?

Bob is a self-represented plaintiff in a civil case (or, say, private prosecutor in a criminal case). He is also a witness. If the trial is judge-alone aka bench (not jury), he is able to conduct it ...
3
votes
2answers
308 views

Can a pro se defendant make statements of fact in his opening and closing arguments?

If a defendant in a criminal case testifies on the stand, then they must submit to cross examination, which is not good for them. However, if a defendant is conducting his case pro se, then can he ...
3
votes
0answers
43 views

Can more recent evidence be considered in an appeal?

I requested an impartial special education hearing to establish eligibility under IDEA for my son. I lost at hearing but won on review. (I am in a "two tier" state, New York.) The evidence ...
2
votes
1answer
1k views

What is the winning ratio of pro-se defendants in U.S. criminal cases?

In cases where a criminal defendant rejects the service of counsel and defends himself pro se, how often is he acquitted?
2
votes
1answer
349 views

When is an email message admissible evidence?

I am a parent who is pursuing a special education impartial hearing without a lawyer. I have learned (in the hearing) that I can question district employee A about an email message I sent to that ...
2
votes
2answers
81 views

How successful are non-lawyers when filing declaratory judgements?

First, note that I wanted to ask the question "how hard is it to file and argue a declaratory judgment?" But that would have probably been a subjective question. But if you could include in your ...
2
votes
1answer
334 views

How to dismiss my attorney and act pro se

My attorney failed to submit an important document for my hearing which resulted in a continuance for one year. There are other issues such as refusing to share information with me even when I am ...
2
votes
1answer
76 views

Can a lawyer advise a pro se litigant for technical purposes, without representing them?

May an attorney or legal advisor sit with a pro se litigant to advise on admissibility and/or rules in an Adversarial Chapter 11 proceeding?
2
votes
1answer
80 views

What motion follows a failure to show cause?

I am representing myself. I filed a motion to terminate probation on April 8th, the motion was received by a judge on the 11th and he issued an order of rule to show cause to the district attorney's ...
1
vote
2answers
99 views

Are disabilities taken into consideration when establishing jurisdiction?

If a person has a disability, whether physical or psychological, that would make traveling out of state/country a hardship for them, will the courts grant that person's state personal jurisdiction ...
1
vote
3answers
710 views

loaded questions in pseudo-legal scenario

How is a loaded question dealt with in a legal, or legalistic, context? Is there particular language which is typically employed, or is there a strategy which is particularly effective? The specific ...
1
vote
1answer
48 views

Attorney Sanctions

A pro se litigant in NY, who has been litigating a complex matter for over 10 years, is finding that the opposition's papers have increasing false citations and gibberish in them. A good example is ...
1
vote
2answers
211 views

How to describe harassment by opposing lawyer in hearing?

I was recently involved in a special education impartial hearing. I was pro se. The school district's lawyer harassed me when I was testifying, and one of my expert witnesses, as well, with her body ...
1
vote
1answer
159 views

Citation of newspaper articles for inclusion in a legal exhibit

I am preparing my exhibits for a special education impartial hearing. The requirements are less stringent than for a court case. If I can satisfy the requirements for a court case, I will be fine. ...
0
votes
2answers
114 views

How do I take my child's school district to court (NY)?

I received an emailed letter from the superintendent of my child's school district, notifying me that I am prohibited from entering my child's school without a prior appointment. Failure to comply ...
0
votes
1answer
49 views

How much detail does one include in a complaint?

I literally spent the entire day working on my complaint, but just read (on avvo) that providing too much detail can get the suit dismissed. My complaint recounts each detail of the situation in order ...
0
votes
2answers
186 views

Do courts award legal costs to successful pro se litigants?

Say someone represents himself in court and wins. There were no lawyers hired but the win costed him days of legal research (instead of working in his normal profession, paid per hour of factual work),...
0
votes
1answer
35 views

Are exhibits presented in order of importance or the order they'relisted?

Are exhibits listed in the order they appear or in order of importance? I'm following the sample format on my county's "self-help center" for pro se litigants, and the example is for another ...
0
votes
1answer
46 views

If one is suing for libel, would they just list “libel” in the “claims for relief” section in a complaint, or would the specify the type of libel?

If one is suing for libel, do they just write "libel" in the "claims for relief" section of the complaint or do they specify libel per se or libel per quod? Furthermore, can one ...
0
votes
1answer
29 views

Do all exhibits have to be e-filed if one e-files their suit or can exhibits be mentioned in the complaint but presented in person

I plan on e-filing my lawsuit, but it will be impractical to upload the number of exhibits, plus some of them take up multiple screenshots. So, is it okay to refer to "exhibit 1" and mention ...
0
votes
1answer
77 views

How does a pro se defendant subpoena digital evidence for the defense?

In specific, if partial evidence of blackmail and witness intimidation, (death threats), were to be made public on the web and in direct text, how would the defense go about gaining access to the ...
0
votes
2answers
378 views

Alternative to “Isn't it true that…?” when questioning witnesses

I am a parent who is going to a special education impartial hearing without a lawyer. I have read that with school district witnesses, I am allowed to ask questions of the form "Isn't it true that...?...
0
votes
0answers
55 views

If a tort occurs over social media, does the Plaintiff's state have personal jurisdiction over the defendant?

Say person A lives in one state, and person B was harassing them on social media. Person A wants to sue for both libel and intentional infliction of emotional distress. Would the harassment (B making ...
0
votes
0answers
360 views

Does a defendant in a criminal misdemeanor trial have to show up for announcement?

I noticed that for speeding tickets and class C misdemeanors in our county court in Texas, the court will many times schedule an announcement repeatedly. If a defendant shows up for the announcement ...
-1
votes
2answers
33 views

Submitting files to docket when I am representing myself in a law suit

I am representing myself in a civil law suit. How can I submit files and exhibits to my court docket?