Administrative hearings rather than trials typically result when individuals contest decisions made by government agencies, or when government agencies refuse to act favorably on individuals’ requests. Thanks in part to movies and TV, a popular notion is that in the U.S., trials are the most common method of resolving civil disputes. In fact, across the country many more administrative hearings than trials occur.
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3. Summons Issued by the Clerk at the time of filing the complaint, the summons is served on the defendant with a copy of the complaint. A Waiver of Service of Summons can also be served on the defendant with a copy of the complaint. (Forms Index: C.4 and C.5) The summons informs the defendant that they must answer the allegations in the complaint or judgment will be entered in favor of the plaintiff.
Jim Traficant, a former U.S. Representative from Ohio, represented himself in a Racketeer Influenced and Corrupt Organizations Act case in 1983, and was acquitted of all charges. Traficant would represent himself again in 2002, this time unsuccessfully, and was sentenced to prison for 8 years for taking bribes, filing false tax returns, and racketeering.[92][93][94]

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It is very important that you have all five required elements before you consider filing a case against someone or some entity. After all of these elements are met, you must still follow the procedures set out for the particular court you will file your case with. In Chapter V of this handbook, we will discuss the rules and procedures for filing lawsuits in the United States District Court for the District of Idaho. If your case needs to be filed in any other court, you should contact the clerk's office of that court for information regarding local rules and procedures for filing your particular case.
I have represented myself in various state and federal courts for years and have experienced firsthand just how unfair our system of justice can be against a person who decides to represent himself. Not long ago a federal judge looked me in the eye and told me just before the trial that I wouldn’t win. The judge did a lot of things during the trial to make it unfair for me, but I did win.
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It is very important that you have all five required elements before you consider filing a case against someone or some entity. After all of these elements are met, you must still follow the procedures set out for the particular court you will file your case with. In Chapter V of this handbook, we will discuss the rules and procedures for filing lawsuits in the United States District Court for the District of Idaho. If your case needs to be filed in any other court, you should contact the clerk's office of that court for information regarding local rules and procedures for filing your particular case.
If you represent yourself in an admin­istrative hearing you should be as respect­ful to the ALJ as you would be to a judge, even though the former wears a suit and the latter a robe. Moreover, whether you address your arguments to a judge or an ALJ, you have the same need to present a clear and persuasive case. Make sure you understand the basis of an agency’s action, or what evidence you need to produce to uphold your claim. Also, any witnesses you rely on should attend the hearing, and you should be ready to support your claim with documents and records.
Some federal courts of appeals allow unrepresented litigants to argue orally (even so nonargument disposition is still possible), and in all courts the percentage of cases in which argument occurs is higher for counseled cases.[24] In 2013, the U.S. Supreme Court adopted a rule that all persons arguing orally must be attorneys, although the Supreme Court claims it was simply codifying a "long-standing practice of the court."[25] The last non-attorney to argue orally before the Supreme Court was Sam Sloan in 1978.[25][26]
A pretrial discovery can be defined as "the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial" and allows for the evidence of the trial to be presented to the parties before the initial trial begins.[7] The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery, which is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises, clarify what the lawsuit is about, and also to make the parties decide if they should settle or drop frivolous claims and/or defenses. At this point the parties may also engage in pretrial motions to exclude or include particular legal or factual issues before trial.
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