Presentation is loading. Please wait.

Presentation is loading. Please wait.

Pro Se Litigant Resources Presented By: Elizabeth Oliver, J.D., and expected M.L.S.

Similar presentations


Presentation on theme: "Pro Se Litigant Resources Presented By: Elizabeth Oliver, J.D., and expected M.L.S."— Presentation transcript:

1 Pro Se Litigant Resources Presented By: Elizabeth Oliver, J.D., and expected M.L.S

2 Disclaimer The unlawful practice of law is prohibited in Kansas. In addition, the Kansas Rules of Professional Conduct 5.5 Law Firms and Associations: Unauthorized Practice of Law states that lawyers may not aid people in the unauthorized practice of law. The unlawful practice of law is prohibited in Kansas. In addition, the Kansas Rules of Professional Conduct 5.5 Law Firms and Associations: Unauthorized Practice of Law states that lawyers may not aid people in the unauthorized practice of law. This is merely an informative presentation on how courts and states have dealt with pro se litigants. This is merely an informative presentation on how courts and states have dealt with pro se litigants. The examples show merely how the courts set up their web sites to aid pro se litigants, as well as, some of the portions of the web sites used by lawyers. The examples show merely how the courts set up their web sites to aid pro se litigants, as well as, some of the portions of the web sites used by lawyers. This is the final project for LI838 which is a course in librarianship. This is the final project for LI838 which is a course in librarianship.

3 The plight of the Pro se litigant In recent years, courts have seen an increase in people representing themselves. In recent years, courts have seen an increase in people representing themselves. In litigation, these people are called pro se litigants. In litigation, these people are called pro se litigants. The problem confronted by courts, lawyers, and pro se litigants is how do you ensure conformity in documents filed. The problem confronted by courts, lawyers, and pro se litigants is how do you ensure conformity in documents filed.

4 The Solution Courts have confronted this problem by asking lawyers for their input on forms. Courts have confronted this problem by asking lawyers for their input on forms. These forms are then put online to allow pro se litigants to use them. These forms are then put online to allow pro se litigants to use them. For the pro se litigant, it becomes a question of where do I find the information I need to file an effective document. For the pro se litigant, it becomes a question of where do I find the information I need to file an effective document. Its important to note that not all the forms in all of the states look a like. The rules are different and the forms reflect this. Thus, a pro se litigant must still know what they are doing. Its important to note that not all the forms in all of the states look a like. The rules are different and the forms reflect this. Thus, a pro se litigant must still know what they are doing.

5 Explanation of Court system State Courts Supreme Court (final court on the state level) District courtsCourt of AppealsAdministrative courts Federal Courts United States Supreme Court (final court on the federal level) District Courts Court of Appeals Known as circuits; for example, the 9 th Circuit Court of Appeals Federal Administrative Agencies

6 Questions of Concern Which court are you in and where do you find the form you need? Which court are you in and where do you find the form you need? Types of Courts Types of Courts District Courts District Courts Courts of Appeal Courts of Appeal Supreme Courts Supreme Courts Tax courts, bankruptcy courts, and others. Tax courts, bankruptcy courts, and others. What are the Rules of the Court you are in? What are the Rules of the Court you are in?

7 State level: District Courts These are the trial courts. These are the trial courts. To determine what a document filed should look like To determine what a document filed should look like Decide what district court you are in Decide what district court you are in Then look to see what the rules are in that court Then look to see what the rules are in that court Lastly, see if the court has a pro se litigant resource link online Lastly, see if the court has a pro se litigant resource link online

8 State level: District Court Slide example For example if you are in Kansas, start out by going to http://www.kscourts.org/ For example if you are in Kansas, start out by going to http://www.kscourts.org/http://www.kscourts.org/ Then, go to the Self help link http://www.kscourts.org/Programs/Self- Help/default.asp. Then, go to the Self help link http://www.kscourts.org/Programs/Self- Help/default.asp. http://www.kscourts.org/Programs/Self- Help/default.asp http://www.kscourts.org/Programs/Self- Help/default.asp This will give you information on forms and the process. This will give you information on forms and the process. But, one also needs to know that rules of the court they are in. In Kansas, one looks at http://www.kscourts.org/kansas- courts/district-courts/rules.asp to find the rules online. But, one also needs to know that rules of the court they are in. In Kansas, one looks at http://www.kscourts.org/kansas- courts/district-courts/rules.asp to find the rules online. http://www.kscourts.org/kansas- courts/district-courts/rules.asp http://www.kscourts.org/kansas- courts/district-courts/rules.asp

9 State level: Court of Appeals These are courts that will typically hear appeals from state commissions and the district courts unless it is a case that qualifies to go directly to the state supreme court. These are courts that will typically hear appeals from state commissions and the district courts unless it is a case that qualifies to go directly to the state supreme court. At this time, you once again search for the state your in to see if there is a self help link. At this time, you once again search for the state your in to see if there is a self help link.

10 State level: Court of Appeals slide example For example if I am in Iowa, I might search Iowa courts and find http://www.judicial.state.ia.us/Court_of_A ppeals/. For example if I am in Iowa, I might search Iowa courts and find http://www.judicial.state.ia.us/Court_of_A ppeals/. http://www.judicial.state.ia.us/Court_of_A ppeals/ http://www.judicial.state.ia.us/Court_of_A ppeals/ Then, I would look to see if there are any forms and would find http://www.judicial.state.ia.us/Court_Rule s_and_Forms/. Then, I would look to see if there are any forms and would find http://www.judicial.state.ia.us/Court_Rule s_and_Forms/. http://www.judicial.state.ia.us/Court_Rule s_and_Forms/ http://www.judicial.state.ia.us/Court_Rule s_and_Forms/

11 State level: Supreme Court These are the courts typically referred to as the last resort. These are the courts typically referred to as the last resort. They can hear appeals from the court of appeals, federal district courts, and sometimes other courts as well. They can hear appeals from the court of appeals, federal district courts, and sometimes other courts as well. At the court of appeals state and supreme court stage, the forms may not be as helpful. One will find that the self help site is basically the same one that you saw earlier when you first filed at District court level. At the court of appeals state and supreme court stage, the forms may not be as helpful. One will find that the self help site is basically the same one that you saw earlier when you first filed at District court level. However, you could find the rules of the court to read. However, you could find the rules of the court to read.

12 State level: Tax Courts These are courts that hear disputes involving taxes; such as, property taxes. These are courts that hear disputes involving taxes; such as, property taxes. Now, if I was in Kansas I would find the Kansas Court of Tax Appeals and I would find links to petition forms and the rules of procedure for the courts. Now, if I was in Kansas I would find the Kansas Court of Tax Appeals and I would find links to petition forms and the rules of procedure for the courts. Kansas Court of Tax Appeals Kansas Court of Tax Appeals

13 Federal level: District Courts According to United States Courts, these are the trial courts of the federal government. According to United States Courts, these are the trial courts of the federal government.United States CourtsUnited States Courts Once again, you need to determine what court you are in. This time the pro se litigant must focus on their federal district. Once again, you need to determine what court you are in. This time the pro se litigant must focus on their federal district.

14 Federal level: District Court slide example For example if I was in Massachusetts and I looked for federal district court in Massachusetts, I would find http://www.mad.uscourts.gov/. For example if I was in Massachusetts and I looked for federal district court in Massachusetts, I would find http://www.mad.uscourts.gov/. http://www.mad.uscourts.gov/ Then, I would look for pro se litigant resources and I would find http://www.mad.uscourts.gov/general/prose- litigants.htm Then, I would look for pro se litigant resources and I would find http://www.mad.uscourts.gov/general/prose- litigants.htm http://www.mad.uscourts.gov/general/prose- litigants.htm http://www.mad.uscourts.gov/general/prose- litigants.htm At the end of that web page, I would find the local rules. At the end of that web page, I would find the local rules.

15 Federal level: Court of Appeals The federal Court of Appeals hear cases that have been appealed from the federal district courts, and federal agencies. The federal Court of Appeals hear cases that have been appealed from the federal district courts, and federal agencies. Now, the pro se litigant must know what federal Court of Appeal to go to. Now, the pro se litigant must know what federal Court of Appeal to go to. To do this, the pro se litigant could use the court locator at http://www.uscourts.gov/court_locator.aspx. To do this, the pro se litigant could use the court locator at http://www.uscourts.gov/court_locator.aspx. http://www.uscourts.gov/court_locator.aspx This allows the pro se litigant to determine what court of appeal they need to file in. This allows the pro se litigant to determine what court of appeal they need to file in.

16 Federal level: Court of Appeals slide example For example if I had filed a case in Massachusetts federal district court and I wanted to appeal, I would discover that I am in the first circuit. For example if I had filed a case in Massachusetts federal district court and I wanted to appeal, I would discover that I am in the first circuit. Then, all I need to do as a pro se litigant is search for the first circuit. When I did that I would find http://www.ca1.uscourts.gov/. Then, all I need to do as a pro se litigant is search for the first circuit. When I did that I would find http://www.ca1.uscourts.gov/. http://www.ca1.uscourts.gov/ I would find forms and rules, but there would be no pro se litigant resource link. I would find forms and rules, but there would be no pro se litigant resource link.

17 Federal level: United States Supreme Court This is the final court in the United States on the federal level. This is the final court in the United States on the federal level. This court can hear appeals, as well as, being the first court on some small matters. This court can hear appeals, as well as, being the first court on some small matters. As a pro se litigant, I would find rules of the court and guides to filing cases. However, there is nothing dedicated on this site to helping the pro se litigant. As a pro se litigant, I would find rules of the court and guides to filing cases. However, there is nothing dedicated on this site to helping the pro se litigant. As a pro se litigant, I would find rules of the court and guides to filing cases. However, there is nothing dedicated on this site to helping the pro se litigant As a pro se litigant, I would find rules of the court and guides to filing cases. However, there is nothing dedicated on this site to helping the pro se litigant

18 Federal level: Tax court The United States tax court website provides means for both lawyers and pro se litigants to file documents electronically. The United States tax court website provides means for both lawyers and pro se litigants to file documents electronically. If you visit their site at http://www.ustaxcourt.gov/electronic_acc ess.htm. One will find the information for pro se litigants. If you visit their site at http://www.ustaxcourt.gov/electronic_acc ess.htm. One will find the information for pro se litigants. http://www.ustaxcourt.gov/electronic_acc ess.htm http://www.ustaxcourt.gov/electronic_acc ess.htm

19 Conclusion The plight of pro se litigants has caused state district courts and federal district courts to include special sections on the court’s web page dedicated to the pro se litigant. The plight of pro se litigants has caused state district courts and federal district courts to include special sections on the court’s web page dedicated to the pro se litigant. As a pro se litigant, ventures further down the litigation realm with an appeal the resources become more scarce. As a pro se litigant, ventures further down the litigation realm with an appeal the resources become more scarce. Pro se litigants must do their homework. They must know what court they are in and they must know what rules the court has. Pro se litigants must do their homework. They must know what court they are in and they must know what rules the court has.

20 Pro se litigant Resources and References Court forms. (2010, July 22). Retrieved from http://www.delawareohio.net/MunicipalCourt/ClerkofCourt/CourtForms.aspx#69 Court forms. (2010, July 22). Retrieved from http://www.delawareohio.net/MunicipalCourt/ClerkofCourt/CourtForms.aspx#69 Hannaford-Agor, P. (2003, Winter). Helping the pro se litigant: a changing landscape. Court Review, Retrieved from http://aja.ncsc.dni.us/courtrv/cr39_4/CR39- 4Hannaford.pd Hannaford-Agor, P. (2003, Winter). Helping the pro se litigant: a changing landscape. Court Review, Retrieved from http://aja.ncsc.dni.us/courtrv/cr39_4/CR39- 4Hannaford.pd Valdez, S. (2009, April). Addressing the pro se litigant challenge in Kansas state courts. The Journal of the Kansas Bar Association, Retrieved from http://www.abanet.org/legalservices/delivery/downloads/kansas_pro_se_litigant.pdf Valdez, S. (2009, April). Addressing the pro se litigant challenge in Kansas state courts. The Journal of the Kansas Bar Association, Retrieved from http://www.abanet.org/legalservices/delivery/downloads/kansas_pro_se_litigant.pdf Parker, L. (1997). Pro se handbook the manual for the litigant filing without counsel. Retrieved from http://www.id.uscourts.gov/pro-se.htm Parker, L. (1997). Pro se handbook the manual for the litigant filing without counsel. Retrieved from http://www.id.uscourts.gov/pro-se.htm Federal judicial center. (2010, July 27). Retrieved from http://www.fjc.gov/ Federal judicial center. (2010, July 27). Retrieved from http://www.fjc.gov/http://www.fjc.gov/ Strike, T. (2008). Pro Se Litigants in the Legal System: A Selective Bibliography, 2000-2007. Services to pro se patrons & prisoners: lisp/sccl/sr-sis joint roundtable aall 2008. Retrieved (2010, July 27) from http://www.aallnet.org/sis/srsis/lsir/litigants-bib-2008.pdf Strike, T. (2008). Pro Se Litigants in the Legal System: A Selective Bibliography, 2000-2007. Services to pro se patrons & prisoners: lisp/sccl/sr-sis joint roundtable aall 2008. Retrieved (2010, July 27) from http://www.aallnet.org/sis/srsis/lsir/litigants-bib-2008.pdf


Download ppt "Pro Se Litigant Resources Presented By: Elizabeth Oliver, J.D., and expected M.L.S."

Similar presentations


Ads by Google