Pro Se Abilities

Abilities Needed To Be A Pro se Litigant*

*or abilities you will learn being a Pro se litigant!

The ability to deal with rejection

You must be able to take rejection without defining it as failure.  Always remember if two lawyers are walking out of the courtroom, both were overpaid.  Just kidding.  If two lawyers are walking out of a courtroom, one of them lost!  You must interpret rejection as a battle, not the war.

The ability to continue after being knocked down. 

Sometimes you may need to take a day or two to recover.  You may need to let your rage diminish.  You will need the ability to get back up and say, “Ok, what can I do now?” or “What didn’t I do?”

The ability to view things from many different angles.

You need the ability to think more in terms like, “That is A view” versus “There is my view and the wrong view.”  “That is A defense” versus “They don’t have a defense.”  Being impatient or intolerant with another’s view, defense or assertion appears as immaturity in the courtroom.  Opposing side is supposed to have a view, defense or assertion.  Many times you will deal with outrageous arguments using deceit and/or lies that would never be used as arguments outside the courtroom.

The ability to be precise in written and spoken word.

“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 ability to remain dignified regardless of the circumstances.

You will deal with all sorts of absurdities, injustices and indignities.  You will be told nonsense and lies with people looking you straight in the eye. You must learn to stare absurdities, injustices and indignities square in the face without losing your cool while still defending yourself.  Being outraged or emotional does NOT carry the weight it may carry outside the courtroom.

The ability to be persistent and thorough.

Many in the legal profession say the one who wins is the one with the most stamina. Of course, that usually means the one with the most money to spend.  Persistence and thoroughness are necessary elements to any successful litigation.

The ability to remain in control of your emotions.

When you are litigating Pro se, it is particularly difficult to separate your emotions during litigation.  Be forewarned, emotionalism during litigation can and most likely will be used as an excuse to cut you off.

The ability to know and accept your wrong after being 100% convinced you are right.

This can be a humbling and learning experience.  Sometimes, despite our convictions or our research, there will be times we will miss or misinterpret the point and be wrong.  Thinking law and litigation is a mixture of morality, common sense and fairness is a common source of this experience.  Morality, common sense and fairness may be elements in the drafting of laws, but the implementation of law may not favor morality, common sense or fairness as these terms are generally defined.

The ability to hold your position when right when everyone is saying you are wrong.

Remember case law is made by litigants questioning Judge’s decisions.  There may be times lower court procedure and trials become a formality in order to get the higher courts to rule on your issues.

The ability to separate morality, common sense, fairness and law.

Morality, common sense and fairness may be elements in the drafting of laws, but the implementation of law may not favor morality, common sense or fairness as these terms are generally defined.

The ability to see Judges and Lawyers as human beings.

Most have to have several hearings before they can see Judges or Lawyers as human beings.  Usually the behavior from Judges and Lawyers will eliminate any pedestal you may have placed them on.

The ability to stay on point.

Court proceedings many times are nothing more than obstacle courses designed to get you off point. If they can get you off point, your issues get lost. Frankly, it takes guts to insist on remaining on point and sometimes that could mean getting the Judge back to the point.

The ability to present your case without preaching.

So many Pro se litigants preach in their documents and during hearings. They want to give the court a history lesson on the great principles this country was founded on. Argue the merits of your case with minimal preaching.

Most Important! The ability to recover from the stress.

Litigation, many times, can damage a person like little else can. You MUST recover and move on so you can be there to help others.  Process your rage into a recovery!

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Pro Se Forms and Information

cited http://caught.net/prose/ability.htm

Pro Se, Sui Juris,

In Propia Persona and Pro Per Information

Pro Se is defined as someone that is representing themselves
in court or other legal proceedings.

Please Read!

Representing Yourself

There are several reasons why people represent themselves without a lawyer:

• In criminal cases, if you cannot afford a lawyer, the court will appoint a lawyer for you, like a public defender. But in civil cases, you do not have the right to a court-appointed lawyer so, if you cannot afford your own lawyer, you have to represent yourself.
• Some people choose to represent themselves even if they could pay a lawyer because they feel they can handle the case on their own.
• In small claims cases, you are not allowed to have a lawyer, so everyone in small claims court is representing himself or herself.

Whatever the reason, you have the right to represent yourself, to be your own lawyer in all cases in California. But just because you can represent yourself does not mean you should. It is very important that you learn about what is at stake in your case, and what you will be expected to do and know in order to handle it on your own.

What to consider when deciding if you need a lawyer

It is a good idea to have a lawyer to represent you. But, as we just explained, it is not always necessary or possible.

You may need a lawyer if…

• You have a complicated case or a case that may become complicated (but keep in mind you may not always realize a case is or could be complicated without talking to a lawyer).
• You want legal advice.
• You want to discuss strategies for your case, like where to file your lawsuit, whether to file a response, whether to ask for a jury, and many other decisions that will come up during the case.
• You want a confidential attorney-client relationship.
• You are worried that the other side will not “play fair” (a lawyer is more likely to notice this and know what to do).
• You are going to have a jury trial, and there are complicated decisions to make, from choosing a jury to knowing how to present a case to a jury most effectively.
• You are too close emotionally to the case and have a hard time seeing things objectively.

You may not need a lawyer if…

• Your case is straightforward and there is no opposing side (like in a petition to change your name) or the other side and you are in agreement about everything (like an uncontested stepparent adoption or a guardianship of a child where everyone agrees).
• You understand all your options and can make informed choices about your case.
• You are willing to learn and understand the law and the rules and procedures that apply to our case.
• You can spend time to prepare your case.
• You can follow written instructions and work on your own.

Tips for representing yourself

Here are some basic steps you can take to make sure you are prepared to represent yourself in court:

• Read about the law that applies to your case. Do research at the local public law library and ask for help at your court’s self-help center, family law facilitator, or small claims legal advisor. If you can, have a consultation with a lawyer to make sure you are on the right track.
• Look at the options that would solve your problem without having to go to court. For example, you can try alternative dispute resolution (ADR) like mediation or arbitration. For more information on how to solve cases out of court, read our section on Resolving Your Dispute Out of Court.
• Make sure you follow the court procedures. To do this, you must read the laws that affect your case in:
  • California Code of Civil Procedure
  • California Rules of Court
  • Your superior court local rules (you can also find these rules at your law library or your court’s website

Not being a lawyer and not knowing the law is not an excuse for not following court procedures.

• Keep track of all deadlines — especially deadlines for filing papers and serving the other side. If you miss these deadlines, you may lose your case.
  • Where the parties sit;
  • How to explain your case to the judge; and
  • How much time each side has to talk.Go to the courtroom where your hearing will be and watch some cases. You can learn:
• Be prepared for your court hearing. Have copies of:
  • Act professionally in court. Explain your side briefly and clearly. Do not talk about issues that do not support your case.
  • Be realistic about what the judge can and cannot do. Make sure you understand what legal relief you can get in your case and focus on that.
  • Show respect for the judge, the court clerks, and other people in the courtroom. Do not interrupt the judge or the other side. Do not make personal attacks against the other side.

Click for more information about preparing for court.

Risks of representing yourself

• The biggest risk is that you lose your case because (1) you are unable to follow all the required procedures to bring your case to trial so your case is dismissed, or (2) once you get to trial, you cannot meet all the technical requirements to prove your case.
• If you lose your case, the judge will likely order you to pay for the other side’s court costs and attorney’s fees, which can be a lot of money. Sometimes the costs of suing are more than the amount sued for.
• If you lose and you are ordered to pay the other side’s costs, you will get a judgment entered against you. This means that instead of winning money or some form of relief, you now owe the other side money.
• A judgment is valid for 10 years and can be renewed for another 10 years as many times as is necessary until the judgment is paid. It can result in a garnishment of your wages, a levy of your bank accounts, property liens, and other collection methods.

In order to assess whether or not to sue, you should consult with a lawyer.

Types of cases where lawyers are necessary

• Malpractice cases: If you are suing for medical malpractice, or some other type of professional negligence, the law says you need to prove that (1) the doctor or other professional breached (broke) the duty of care owed to you and (2) you suffered damages as a direct and proximate cause of the breach. These legal requirements are very hard to prove, and you will need expert witnesses to do it.  First, expert witness fees are very expensive. If you have a lawyer representing you on a “contingency” basis (meaning the lawyer only gets paid if you win), the lawyer will usually hire and pay for the expert witness upfront, so you will not have to reimburse the lawyer until the case is over. If you are representing yourself and do not have a lawyer to advance these costs, you may not be able to afford the experts you need to prove your case.  Also, getting an expert witness and establishing to the court that he or she is an expert can also be very complicated and should be handled by a trained and experienced lawyer.
• Construction defect cases: Construction defect cases often depend on expert witnesses to prove or disprove the allegations of the complaint. This may not be true of a small case in which the property owner hired a handyman or contractor to perform a single job on the property and 1 person performed all the work.  For example, if you hired a roofing contractor to install a new roof, and the new roof leaked, you may be able to sue the roofing contractor without a lawyer or expert witnesses because you may be able to prove on your own that (1) you hired the contractor to install a new roof, (2) you paid the contractor, (3) the roof leaked, and (4) the leaks caused damage.But if you had several people working on your house (like an architect, a structural engineer, and a general contractor who, in turn, hired subcontractors and purchased supplies from different suppliers), proving who is at fault when something goes wrong becomes very difficult, and you would probably need an expert witnesses to determine fault and explain it to the court.Also, while construction experts are usually not as expensive as medical experts, they can still cost a lot, especially if you need many experts in different specialties. Expert costs for these types of cases can run in the tens of thousands of dollars.Some lawyers will take construction defect cases on a contingency basis, but most charge by the hour. You may be able to hire a lawyer on a limited-scope basis to help you with certain parts of the case, while you handle other parts on your own. Get more information on limited-scope representation.
• Cases involving competing title to real estate:  Real estate cases that allege someone committed fraud, like cases in which there is competing title to real property, are usually too complicated for a person without a lot of legal training and experience. Also, even if you win, if you make a mistake in writing up the final order (in civil cases, the court generally does not prepare orders, it is up to the parties to do it), the title insurance company may not insure title, in effect preventing you, as the property owner, from selling or refinancing.
• Cases involving wrongful termination or employment discrimination claims:  If you are suing your employer for employment discrimination or wrongful termination, you most likely will need a lawyer. Proving these cases is complicated and the employer’s lawyers usually fight these cases vigorously. To win this type of case, you must have a lawyer skilled in direct and cross-examination of witnesses and the rules of evidence.
• Administrative writs and appeals:  Cases appealing a final decision by an administrative agency or hearing officer are extremely complicated and limited in the type of review the court can make. A lawyer can tell you if you have a sufficient basis in the record for an appeal and discuss other options with you.
• Other types of cases:  There are other types of cases that are difficult or impossible for non-lawyers to win because the law or procedure is extremely complex or because the cost of bringing the case to trial is high.

It is always best to consult with a lawyer before filing a lawsuit to make sure that the case is one you can bring with some chance of success. Most local bar associations have lawyer referral and information services that can provide you with a limited consultation with a lawyer for a small fee. You can also get some information from your court’s self-help center. Read our section on Free and Low-Cost Legal Help to learn about options in finding a lawyer and getting legal help. source

Pro Se Basic Information
Advanced Pro se Information Below

Pro Se Abilities

Pro Se Forms and Information

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Deprivation Of Rights Under Color Of Law
What It Is And What To Do About It!

Pro Se History

Pro Se Rulings

Judge Speaks On Pro Se Rights

Pro Se Policy Guide

American Pro Se Association

Pro se Legal Briefs

Tricks Of The Trade – Deception!

Bias Against The Pro se Litigant

Legal System Myths

Unauthorized Practice Of Law

Steps In A Civil Suit

Note: Pro Se Litigants Learn Research & Shepardizing!
Legal Research Intro
Shepardizing Cases Click HERE

Shit! I’m In Trouble!

Plea Bargains – Deal Or No Deal?

Criminal Trial Flow Chart 

Deal with Prosecutorial Misconduct

Handling Police Encounters

The Fifth Amendment

Series on Snitches

The Issue Of Actual Innocence

Wrongful Convictions

The Alford Plea

Search and Seizure Cases

Fellow Officer Rule

Inevitable Discovery

Reversible Error In Crim. Appeals

Center For Criminal Justice Adv.

JailHouse Lawyer’s Handbook

Should I Represent Myself?

Are Prosecutors Immune?

The ‘Harmless Error Doctrine’

Twenty First Century Policing
Sane Solutions

Pro se Advanced Information

Pro Se, Representing Yourself in Federal District Court Click here for the Handbook

Any person appearing pro se may not utilize electronic filing except with the permission of the assigned judge. Pro se litigants, whether or not their litigation is assigned as a pro se case (“PS”), shall file and serve paper documents as required by applicable rules of civil or criminal procedure, or the local rules of this district.

NOTICE REGARDING FORMS

1. In General.  This and the other pleading forms available from the www.uscourts.gov website illustrate some types of information that are useful to have in complaints and some other pleadings.  The forms do not try to cover every type of case.  They are limited to types of cases often filed in federal courts by those who represent themselves or who may not have much experience in federal courts.
2. Not Legal Advice.  No form provides legal advice.  No form substitutes for having or consulting a lawyer.  If you are not a lawyer and are suing or have been sued, it is best to have or consult a lawyer if possible.
3. No Guarantee.  Following a form does not guarantee that any pleading is legally or factually correct or sufficient.
4. 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.
5. Examples Only.  The forms do not try to address or cover all the different types of claims or defenses, or how specific facts might affect a particular claim or defense.  Some of the forms, such as the form for a generic complaint, apply to different types of cases.  Others apply only to specific types of cases.  Be careful to use the form that fits your case and the type of pleading you want to file.  Be careful to change the information the form asks for to fit the facts and circumstances of your case.
6. No Guidance on Timing or Parties.  The forms do not give any guidance on when certain kinds of pleadings or claims or defenses have to be raised, or who has to be sued.  Some pleadings, claims, or defenses have to be raised at a certain point in the case or within a certain period of time.  And there are limits on who can be named as a party in a case and when they have to be added.  Lawyers and people representing themselves must know the Federal Rules of Civil Procedure and the caselaw setting out these and other requirements.  The current Federal Rules of Civil Procedure are available, for free, at www.uscourts.gov.
7. Privacy Requirements.  Federal Rule of Civil Procedure 5.2 addresses the privacy and security concerns over public access to electronic court files.  Under this rule, papers filed with the court should not contain anyone’s full social-security number or full birth date; the name of a person known to be a minor; or a complete financial-account number.  A filing may include only the last four digits of a social-security number and taxpayer identification number; the year of someone’s birth; a minor’s initials; and the last four digits of a financial-account number.

Contact the Department of Justice to report the act a civil rights violation

Tort Claims Form File Government Claim for Eligible Compensation

Complete and submit the Government Claim Form, including the required $25 filing fee or Fee Waiver Request, and supporting documents, to the GCP.

See Information Guides and Resources below for more information.

Tort Claims – Claim for Damage, Injury, or Death

• Federal –  Federal SF-95 Tort Claim Form Tort Claim online here or download it here or here from us

• California – California Tort Claims Act – California Tort Claim Form Here or here from us

• Complaint for Violation of Civil Rights (Non-Prisoner Complaint) and also UNITED STATES DISTRICT COURT PDF

Taken from the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Forms source

Helpful articles involving Torts

How to File a complaint of Police or Government Misconduct?

$uing for Misconduct – Know More of Your Right$

Police Misconduct in California – How to Bring a Lawsuit

Section 1983 Lawsuit   How to Bring a Civil Rights Claim

Offsite Help 

• Civil Rights
• File Government Claim for Eligible Compensation site
• Claims Against the Government (Pamphlet)
• claim-damage-injury-or-death

You may need assistance obtaining police reports, incident reports, bodycam footage etc..

Retrieving Police Data, their police line recordings, and bodycam Footage SB1421 form & learn here

UNITED STATES COURT of APPEALS for the FOURTH CIRCUIT

source

 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Forms

Civil Pro Se Forms

• Pro Se Packet
• Application to Proceed In Forma Pauperis
• Pro Se Packet (Sight Impaired)
• Complaint for Civil Case
• Complaint and Request for Injunction
• Defendant’s Answer to the Complaint
• Complaint for a Civil Case Alleging Breach of Contract
• Complaint for a Civil Case Alleging Negligence
• Complaint for a Civil Case Alleging that the Defendant Owes the Plaintiff a Sum of Money
• Complaint for Employment Discrimination
• Complaint for Violations of Fair Labor Standards
• Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property
• Complaint for the Conversion of Property
• Third Party Complaint
• Complaint for Interpleader and Declaratory Relief
• Complaint for Review of Social Security Decision

• Complaint for Violation of Civil Rights (Non-Prisoner Complaint) and also UNITED STATES DISTRICT COURT PDF

Taken from the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Forms source

source

California Courts Forms

Self Help Ideas

• 10 Steps to the Perfect Opening Statement
• 21 Trial Objections Cheat Sheet + Bonus

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Pro Se Abilities