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Does the law provide provisions, or rules , or rights or remedies where 'pro per' respondant/defendant to recieve equal protection
under the law in civil actions where the plaintiff lawyers have specialized
knowlwdge, and where the pro per has little to none?
Specifically, where the respondant/defendant, does't know and isn't told that
a memorandum is required in answer to plaintiff's motion for summary judgement,
and that failing to meet specific requirements of such returns or responses will
most likely result in judgement against them and in favor of the plaintiff?

2006-11-02 22:11:21 · 3 answers · asked by Anonymous in Politics & Government Law & Ethics

3 answers

Your answer is that, in civil actions, generally, no, the law does not provide "pro per" (more commonly called "pro se" [pro SAY]) parties any more protection than a represented party. Cases from across the country recognize that pro se parties must follow the rules of civil procedure, and courts may NOT litigate the case for the pro se party (by giving them legal advice, letting them what they must file when, etc.) That said, courts will generally go out of their way to ensure that an action that is being defended by a party pro se is heard on the merits where the pro se party is acting in good faith and will "liberally interpret" pro se parties' pleadings.
If you blew a deadline for a motion for summary judgment, that's your fault. You need to get a copy of the rules of civil procedure and any of the court's rules. They're usually available on-line; they're definitely available at your local county courthouse library.
However, if you respond to the Motion and Memorandum, even if slightly delayed, the Court may, just as a practical matter and in the interests of justice, give you the benefit of the doubt. Just prove to the Court that you're trying.

2006-11-02 22:36:25 · answer #1 · answered by Perdendosi 7 · 1 0

I'm sorry but the answer is "no". I always recommend that anyone up against a lawyer should get his or her own lawyer or at least consult one, for the very reason you mentioned: you can lose a case without ever getting to trial if you don't know the rules of the court. It's just a fact of life. Some courts like Landlord-Tenant or Small Claims are different, as they operate with very few formal rules, and go to trial with a minimum of fuss; but they are the exception. If you are poor, you might, however, qualify for free legal assistance--but your local legal aid society may be already booked up and unable to take on your case. All legal aid programs are chronically under-funded thanks to cutbacks in Federal aid going back to Reagan's time.

2006-11-03 00:40:51 · answer #2 · answered by AnOrdinaryGuy 5 · 1 0

Practing regulation with out correct authorized coaching is like seeking to do surgical procedure with out correct scientific coaching. Sure, you'll be able to take a look at -- on your self. But the outcome are in most cases messy. The pleasant you're going to get, while representing youself ("professional se" or "in professional in line with") is that the courtroom would provide you a few leaway at the technical main points. But it is nonetheless going to be messy.

2016-09-01 06:32:14 · answer #3 · answered by durfee 4 · 0 0

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