Some courts issue orders against self representation in civil cases. A court enjoined a former attorney from suing the new lover of her former attorney. The Superior Court of Bergen New Jersey also issued an order against pro se litigation based on a number of lawsuits that were dismissed and a failure to provide income tax returns in case sanctions might issue. The Superior Court of New Jersey issued an order prohibiting a litigant from filing new lawsuits. The Third Circuit however ruled that a restriction on pro se litigation went too far and that it could not be enforced if a litigant certified that he has new claims that were never before disposed of on the merits. The 10th Circuit ruled that before imposing filing restrictions, a district court must set forth examples of abusive filings and that if the district court did not do so, the filing restrictions must be vacated. The District of Columbia Court of Appeals wrote that "private individuals have 'a constitutional right of access to the courts', that is, the 'right to sue and defend in the courts'."
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You cannot sue someone because you believe or you have a feeling the person has violated your rights. You must have facts to support your lawsuit such as the time and place of the incident, witnesses who observed the behavior, and actual articles of evidence such as a gun or a police report or other documentary evidence. The burden of proof is on the plaintiff to win the case; and without factual evidence, the case cannot be won.
Immunity prohibits you from suing a person who is performing his/her duties as prescribed by law. When a judge decides a case, he is immune from suit because he is performing the duties directed by law. However, if a judge has operated his car illegally and caused you to be harmed, you can sue him for damages because driving his car does not fall under the duties of being a judge.
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After conducting an empirical study of pro se felony defendants, I conclude that these defendants are not necessarily either ill-served by the decision to represent themselves or mentally ill. ... In state court, pro se defendants charged with felonies fared as well as, and arguably significantly better than, their represented counterparts ... of the 234 pro se defendants for whom an outcome was provided, just under 50 percent of them were convicted on any charge. ... for represented state court defendants, by contrast, a total of 75 percent were convicted of some charge. ... Only 26 percent of the pro se defendants ended up with felony convictions, while 63 percent of their represented counterparts were convicted of felonies ... in federal court ... the acquittal rate for pro se defendants is virtually identical to the acquittal rate for represented defendants.
Can I afford a private child custody attorney? Each parent is aware of his/her own, unique financial position and resources. Some parents borrow money for an attorney, while others may possess significant savings. Divorced parents are often fortunate enough to have legal expenses covered by a former spouse, written directly into a divorce decree. If parents are of modest means, pro se representation might be an appropriate alternative to hiring a private child custody lawyer, but cost should not be the only consideration.
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!
The American Board of Trial Advocacy (ABOTA), a national group of experienced trial lawyers, adopted the Principles of Civility, Integrity and Professionalism, which are “intended to discourage conduct that demeans, hampers or obstructs our system of justice.” Principle 19 states that attorneys should “never take depositions for the purpose of harassment or to burden an opponent with increased litigation expenses.”
The Supreme Court noted that "[i]n the federal courts, the right of self-representation has been protected by statute since the beginnings of our Nation. Section 35 of the Judiciary Act of 1789, 1 Stat. 73, 92, enacted by the First Congress and signed by President Washington one day before the Sixth Amendment was proposed, provided that 'in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.'"
Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin, translating to "for oneself" and literally meaning "on behalf of themselves", which basically means advocating on one's own behalf before a court or other tribunal, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person".
Application of standard information retrieval techniques to legal text can be more difficult than application in other subjects. One key problem is that the law rarely has an inherent taxonomy. Instead, the law is generally filled with open-ended terms, which may change over time. This can be especially true in common law countries, where each decided case can subtly change the meaning of a certain word or phrase.
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.
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.
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Even though mediation is informal, to reach a successful result you will need to show your adversary that you have strong evidence to support your legal position—evidence that is admissible in court should mediation fail. Otherwise, your adversary may not be willing to settle the case on terms you think are fair. This book will help you represent your position effectively during mediation.
I’ve filed and served a request for admissions which the Defendant”s attorney failed to answer within the 30 day period allotted by rule here in Oregon. The rules also state that a failure to answer the request will result in admission of the answers requested. From what I can glean from the rules, I now need to file a “Motion To Determine Sufficiency”. If I fail to file such a motion, can I simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which I no longer must prove at trial?
Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that the motion be filed within the time period specified in the summons for an answer. If all of the above motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), and finally the defendant must file an answer.