While the Due Process Clause does not require the provision of counsel in a civil contempt case for failure to pay child support when the opposing parent is not represented by counsel, the court should provide "alternative procedural safeguards," such as "adequate notice of the importance of ability to pay, fair opportunity to present, and to dispute, relevant information, and court findings."
Don't let the Pro Se form scare you. It's easy! All you have to do is just put it in the computer and fill in the bold parts that are in parentheses. If you do not have a computer, then use the "blank" pro se. We have an example copy included for your convenience. Keep the example copy with you at your side as a guideline. Once you have the disk copy in your computer and the example copy in front of you, just follow these suggestions and you're on your way:
The plaintiff — the creditor or debt buyer — ALWAYS has the burden of proof in a debt collection case. This means that the plaintiff has to come up with evidence to prove to the court that (1) the plaintiff has the right to sue you; (2) the debt is yours; and (3) you owe the exact amount of money that the plaintiff claims you owe. You do not have to prove that you do not owe the money. Rather, the plaintiff has to prove that you DO owe the money.
Strickland v. Washington (1984) Nix v. Whiteside (1986) Lockhart v. Fretwell (1993) Williams v. Taylor (2000) Glover v. United States (2001) Bell v. Cone (2002) Woodford v. Visciotti (2002) Wiggins v. Smith (2003) Holland v. Jackson (2004) Wright v. Van Patten (2008) Bobby v. Van Hook (2009) Wong v. Belmontes (2009) Porter v. McCollum (2009) Padilla v. Kentucky (2010) Sears v. Upton (2010) Premo v. Moore (2011) Lafler v. Cooper (2012) Buck v. Davis (2017)
Do I have the time and resources available to represent myself pro se? As you can see, there is a lot of learn before representing yourself at a child custody hearing. Parents considering pro se representation should carefully consider whether they have the time, determination, and undivided attention necessary to dedicate to this task before deciding to go it alone in court.
Oftentimes, self-represented litigants become reactive when there’s a lawyer on the other side. Instead of getting ahead of things or running their own case, they let the lawyer take the lead. They spend so much time responding to discovery requests, summary judgment motions, motions to dismiss, and other filings that they don’t formulate a strategy of their own. They don’t do their own discovery or object to certain requests because they’re swamped and often intimidated. So, they’re always behind and in a constant reactive state. If a wise opponent sees how reactive you are, they can walk you right into an error. So, take control of your case. Never let a lawyer think that he’s in charge of it.
Clarence Earl Gideon was too poor to afford an attorney and thus proceeded pro se in his criminal trial in Florida in 1961. He was found guilty and subsequently appealed. He was appointed counsel (his attorney, Abe Fortas, later became a Supreme Court Justice) when the case reached the U.S. Supreme Court; the court ruled in Gideon v. Wainwright that the right to counsel means that states are required to provide counsel free of charge to indigent defendants in all criminal cases and that Florida's failure to appoint such counsel in Gideon's case constituted a violation of that right. On remand, Gideon was represented in the new trial, and was acquitted.
Make sure you follow those instructions! At that point, you will be given so many days to serve the defendant with the court summons. In some districts, the plaintiff has the choice of either delivering the summons himself, a friend deliver it, or having a federal Marshal deliver it. It is most effective to have either a federal Marshal deliver the summons, or a really big guy in a suit. Whoever delivers the summons must make a note of who the summons is delivered to, what the date is, and what time it was delivered. Record this information on the appropriate form that is sent to you with the summons, and take it back to the district court.
Most family divisions of the Vermont Superior Court offer a one-hour program each month. Other divisions offer them quarterly. A lawyer who practices in the family division conducts the program. The lawyer cannot talk to you about the specifics of your case. Instead, you will receive general information about the law and the process. See the schedule below for the county in which you filed your action.
27National Center for State Courts, Call to Action: Achieving Civil Justice for All (Williamsburg, Va.: National Center for State Courts, 2016), 37 [LINK]; Rob Faucheux, “By the Numbers: Americans Lack Confidence in the Legal System,” The Atlantic, July 6, 2012 [LINK]; and GBA Strategies, “2017 State of the State Courts–Survey Analysis,” November 15, 2017 [LINK].
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.
How does it work? I attended a meeting with a group of advocates from across Pennsylvania, and Steve Gold, the attorney who designed this Pro Se, told us about filing our own lawsuits. Once I learned how to use it, I was ready for action, I couldn't wait to do my first case. My success rate since I began to use the Pro Se form has been 100%: all public accommodations served with papers under the Pro Se method have made their places accessible.
Taking part in a recent ribbon cutting in Brooklyn are, from left, Lynn Kelly, executive director of the City Bar Justice Center; Debra L. Raskin, New York City Bar Association president; Chief Judge Carol B. Amon, Eastern District of New York; Magistrate Judge Lois Bloom; and Nancy Rosenbloom, director of the Federal Pro Se Legal Assistance Project.
Once convicted, a prisoner no longer has the right to a public defender. Motions for post conviction relief are considered civil motions. Brandon Moon is an example of an unsuccessful pro se litigant who became successful when his case was taken by a lawyer. Moon's case was taken by the Innocence Project, and he was released after 17 years in jail for a rape that he did not commit.
(a) the degree of relationship is calculated according to the civil law system; the following relatives are within the third degree of relationship: parent, child, grandparent, grandchild, great grandparent, great grandchild, sister, brother, aunt, uncle, niece, and nephew; the listed relatives include whole and half blood relatives and most step relatives;
The Legal Services Corporation, the single largest funder of civil legal aid for low-income Americans in the nation, reported in June that 86 percent of low-income Americans receive inadequate or no professional legal help for the civil legal problems they face. Here in Georgia, state courts heard more than 800,000 cases involving self-represented litigants in 2016 alone.
Here we test a novel self-compassion account that links these two theoretical self-affirmation perspectives. Specifically, we posit that self-affirmation activities increase feelings of self-compassion, characterized by increased self-directed feelings of sympathy and love, and reductions in feelings of vulnerability and criticism (cf. Neff, 2003a; Leary et al., 2007). Our self-compassion account is consistent with the existing theoretical frameworks for self-affirmation: increasing self-compassion is one form of boosting one’s self-image (i.e., the self-resources perspective), and is associated with increased feelings of love and connection (i.e., the self-transcendence perspective; cf. Neff, 2003a). But this self-compassion perspective provides new specificity to these previous theoretical accounts by positing that the self-affirmation self-image boost is about feeling more compassion toward the self (and is not a general self-esteem boost as suggested by the self-resources perspective; Neff and Vonk, 2009), and that compassionate feelings engendered by self-affirmation are not other-directed (as suggested by the self-transcendence perspective), but directed toward the self. It is difficult, however, to disentangle whether these feelings stimulated through values affirmation are directed toward the self or toward others, and furthermore, it’s possible that compassionate feelings toward the self may generate compassion for others. Indeed, one important aspect of a self-compassionate attitude is the recognition of oneself as part of the human condition (Neff, 2003a); this sense of shared humanity may be encouraged by writing about important values, consistent with the self-transcendence perspective, but we suggest that the source of these feelings is a boost in self-compassion.
Mediation analyses (Baron and Kenny, 1986) were consistent with the prediction that increases in feelings of compassion explain how self-affirmation increases helping behavior to the shelf-collapse incident. A series of multiple regression analyses showed that change in state self-compassion was an intervening variable for the effects of self-affirmation on increasing pro-social behavior to the shelf-collapse incident. As predicted, greater feelings of compassion predicted greater helping behavior [β = 0.30, t(45) = 2.14, p = 0.04], whereas the path between the self-affirmation manipulation predicting helping behavior was no longer significant [β = 0.21, t(45) = 1.52, p = 0.14; Figure Figure22]. The significance of the indirect (mediating) effects of self-compassion was confirmed using an SPSS bootstrapping procedure (Preacher and Hayes, 2004); the indirect effect estimate of feelings of self-compassion was 0.43, with the 95% confidence interval not encompassing 0 (0.06–1.01), indicating a significant mediation effect. We also tested whether feelings of compassion mediate the relationship between self-affirmation condition and charitable giving on the spending survey. Controlling for family income, greater feelings of self-compassion did not predict increased hypothetical charitable giving [β = -0.10, t(48) = -0.78, p = 0.44], and the path between the self-affirmation manipulation predicting charitable giving remained significant [β = 0.35, t(48) = 2.54, p = 0.01].
Unlike in the criminal context, there’s no federal constitutional right to counsel in civil cases. Civil cases can involve a range of critical issues, including housing, public benefits, child custody and domestic violence. And while some civil litigants may be entitled to counsel in certain jurisdictions, in most of these cases, people who cannot afford a lawyer will be forced to go it alone. Doing so may mean that they fail to make it through the process, have their case dismissed or lose what otherwise would have been a winning case.
For the many millions of unrepresented litigants appearing in American courts each year, mastering the rules of the adversarial system is next to impossible.5 Such litigants often do not understand the rules of evidence, and so cannot understand what facts are relevant or how to present them to a judge. An attorney opposing an unrepresented litigant is more likely to withhold evidence favorable to the litigant who is unlikely to know that such evidence must be turned over or to ask for it.
Researching a business’s financial situation is a bit trickier than a person, but there are still things you can do. Drive past the business. If it is a retail establishment, restaurant, or store, are there people going in and out? Does it appear to be relatively successful? Does it own any equipment, vehicles, or merchandise? Does it have a legitimate website and social media presence? Read any reviews or articles you find relating to that business.
A pro se litigant is an individual who is representing himself in a civil court action. While the law allows nearly anyone to be a pro se litigant, and to appear in court on their own behalf, there are some limitations. For example, a pro se litigant, or self-represented litigant, cannot represent others. This places certain limitations on pro se representation, such as:
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.'"