Shauna Strickland. Virginia Self-Represented Litigant Study: Summary of SRL-Related Management Reports for General District Court, Juvenile & Domestic Relations Court, and Circuit Court. (December 2017). This report describes case management reports that OES should consider producing on a regular schedule in an effort to better understand cases with self-represented litigants.
Refrain from feeling like everything you've ever achieved has been accomplished through sheer luck and no hard work. Things happen for a reason, and more often than not, we are the ones making things happen--even when we don't realize it. Our smallest actions have more power than we think, so don't fall into the trap of self-doubt. Know you deserve to be where you are, and own it.
[p]ro se litigation is difficult for us to handle at least in part because it doesn’t fit into the neat box of our traditional system of litigation, the adversarial method of resolving disputes. That system assumes that the parties know the law, are adept at procedure and the rules of evidence, and can marshal significant facts, present their side of the case to the factfinder thoroughly and lance the arguments of the opponent. But pro se litigants are capable of little if any of that.
Limit the scope of trial. Pursuant to federal and state rules of evidence and procedure, courts are responsible for establishing ground rules to efficiently manage and regulate trial practice and trial testimony. This is especially important when trial involves a pro se party because the lack of substantive and procedural knowledge can create an ever-changing, and often ever-expanding, litigation framework. Accordingly, trial counsel should make use of pretrial briefing mechanisms—including motions in limine and bench memoranda—to limit the issues for trial. Pretrial briefing affords the pro se litigant the opportunity to have his or her voice heard on the issues while efficiently framing the matters for trial. If the rules of court do not impose page limits on the particular mode of briefing being used, trial counsel should ask the court to set a page limit to help focus the discussion. In addition, trial counsel should consider asking the court to allow the parties to submit in advance their questions for direct examination to both limit improper objections and further focus the testimony on relevant, admissible evidence.
Pro Se is a newsletter published bi-monthly by Prisoners’ Legal Services of New York for incarcerated individuals in New York State prisons. Pro Se provides information and analysis on recent developments in the law. Pro Se advises people in prison of changes in the law, provides practice pieces to assist them in complying with statutory and regulatory requirements, and explains technical aspects of various laws affecting prisoners. Pro Se is sent free of charge to individuals incarcerated in New York State who request to be placed on our mailing list.
Laws and organizations charged with regulating judicial conduct may also affect pro se litigants. For example, the Judicial Council of California officially advocates treating self-represented litigants fairly. The California rules allow for accommodating mistakes by a pro se litigant that would otherwise result in a dismissal, if the case is otherwise merited. In addition the Federal Rules of Civil Procedure rule 56 on summary judgments notes that pro se litigants may need additional advice with regard to necessity of responding a summary judgment motion.