Pro Se Litigation — Law Library
The rights and procedural rules that apply when a party represents themselves in civil or criminal court proceedings without an attorney.
Statutes & Rules
- Appearance Personally or by Counsel (28 U.S.C. § 1654)
- Federal statute codifying the right to appear pro se in federal courts.
- Signing Pleadings, Motions, and Other Papers (Fed. R. Civ. P. 11)
- Requires pro se filers to certify that filings are not frivolous and are presented in good faith.
- Proceedings in Forma Pauperis (28 U.S.C. § 1915)
- Allows indigent parties to proceed in federal court without paying filing fees.
Landmark Cases
- Faretta v. California, 422 U.S. 806 (1975) — A criminal defendant has a Sixth Amendment right to represent themselves if the waiver of counsel is knowing and voluntary.
- Haines v. Kerner, 404 U.S. 519 (1972) — Pro se complaints are to be held to less stringent standards than formal pleadings drafted by lawyers.
- McKaskle v. Wiggins, 465 U.S. 168 (1984) — Defines the parameters of standby counsel's role when a defendant exercises the right to self-representation.
Key Terms
- Pro Se
- Latin for 'for oneself'; appearing in court without an attorney.
- In Forma Pauperis
- A status that allows a person too poor to pay court fees to proceed without them.
- Pleading
- A formal written statement filed with the court that sets out the claims or defenses of a party.
- Motion
- A formal request asking the court to take a specific action.
- Discovery
- The pre-trial process by which parties exchange relevant information and evidence.
- Default Judgment
- A judgment entered against a party who fails to respond to a lawsuit.