It sounds like you are on the right path and are doing things correctly. Since the defendant hasn’t complied with the rules and has failed to either admit, deny, or object to your requests, it seems clear that the judge will not have much other choice other than to issue an order deeming the matters as admitted under ORCP Rule 45. And congratulations for submitting requests for admissions, many pro se’s make the mistake of not submitting requests for admissions in their litigations. Requests for Admissions can be very crucial to a case and it is a mistake not to submit them to the opposing party. Hopefully the judge in your case will follow the governing rule and issue an order deeming the matters from your requests as admitted. That will certainly help you prove your case and as you said, will also potentially alleviate your having to drag some witnesses into court against their will to testify. Good for you for holding your own and overcoming the “overwhelming” factor and resisting folding your hand. And good for you for not allowing the defendant’s lawyer into bluffing you and trying to intimidate you into giving up. This is what unscrupulous lawyers try to do, and unfortunately, it works many times. It sounds like you are doing a great job holding your own. You are doing a great job on how you are handling the requests for admissions issues. Keep up the good work! I wish you the best!
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:
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.
To directly measure helping behavior, we designed a surprise shelf-collapse incident in the lab. Specifically, the experimenter instructed the participant to complete some questionnaires (another affect scale and the demographics measure) while she set up for another participant in an adjacent room. A non-bracketed shelf containing paper clips, pens, and alcohol swabs hung on the door to the experimental room (about 3 m from the seated participant), such that when the experimenter exited the room and closed the door, this shelf (and its contents) crashed to the ground. The experimenter (blind to subject condition) observed participants’ reactions using an unobtrusive video camera, and scored participants’ helping behavior on a 9-point Likert Scale (scale anchors: 0 = provided no help at any time, 4 = participant informs experimenter of incident upon experimenter’s return and then helps experimenter pick up items, 8 = immediate helping with fallen items), with higher scores indicating more helping behavior. All participants noticed the shelf-collapse.
Pro se litigants have been steadily increasing over the past decade. The right of an individual to represent his/her own cause has long been legally permissible, dating back to the birth of our nation and signed into law by our first president, George Washington. (Laws do exist, however, barring certain types of individual representation in order to protect the parties involved.)
I don't know what type of case you have or what is at stake, financially or otherwise, but if you are suing somebody or something for money, the only time you should even consider representing yourself pro se is when you are seeking a small amount of money, as in perhaps less than 4 or 5 thousand dollars, and you have a small claims court in the location or venue where you want to sue, and the other side is not represented by legal counsel.
It's an uphill climb! Particularly, when your adversary has a thorough understanding of the rules of evidence, and procedure. You may get some latitude from the court as a pro se, but you may not, as it is up to the judge. Either way, the better question is why don't you have a lawyer on your side? Is it because some lawyers have not seen enough strength in the facts and law in your case? If that's the case, then you have an even steeper climb as you have a difficult case to prove, let alone that it's against a seasoned "high profile" lawyer. If you haven't consulted with an attorney, please do so before you do anything further as a pro se, and perhaps jeopardize your claim irreparably.
Great advice! Every point you have made about lawyers and their tricks, I have experienced. One of the greatest failures of the lower courts is the acceptance of inadequate documentation because they go unchallenged. The court is not going to do your work or come to your rescue as you may think. If the document is a not original or is forged, it is up to you to make the case. Even if the judge can see that a document may have an obvious forgery, you must still make the case against it.
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.
The BIGGEST mistake pro se litigants make is thinking they know more than they do, as a way of overcompensating for lack of confidence. False bravado can lead you into mistakes #2, #3, and #4 on this list and a whole lot more. You don’t bring a court reporter because you don’t feel you need one. You don’t do research because you don’t have time, and you think you know enough. You react to or challenge every lawyer trick because you believe, without any evidence, that it’s the best thing to do. You talk about admiralty law, not because you know anything about it or where it fits into your case, but because you heard someone talk about it. You file the wrong motions in the wrong situations. It’s important to know what you don’t know and act accordingly. Instead of talking about sovereign citizenship, talk about and use civil procedure. Rather than reacting to lawyer antics, judicial bias or a sense of unfairness, focus on your case. Learn it backwards and forwards, and then bring your court reporter. That’s how you win. See Sovereign Citizens Make Pro Se Litigants Look Silly for more about the “problem” with sovereign citizens.
(1) A judge may hold and manage investments, including real estate, and engage in other remunerative activity, but should refrain from financial and business dealings that exploit the judicial position or involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves.
After conducting an empirical study of pro se felony defendants, I conclude that these defendants are not necessarily either ill-served by the decision to represent themselves or mentally ill. ... In state court, pro se defendants charged with felonies fared as well as, and arguably significantly better than, their represented counterparts ... of the 234 pro se defendants for whom an outcome was provided, just under 50 percent of them were convicted on any charge. ... for represented state court defendants, by contrast, a total of 75 percent were convicted of some charge. ... Only 26 percent of the pro se defendants ended up with felony convictions, while 63 percent of their represented counterparts were convicted of felonies ... in federal court ... the acquittal rate for pro se defendants is virtually identical to the acquittal rate for represented defendants.[35]
×