Also known as: in personal capacity · personally
Written by attorneys · grounded in primary & secondary sources — see below
An individual's role or status when acting or being held accountable in his or her own person rather than as a representative of an entity or government. This status determines whether liability or obligations attach directly to the individual and whether procedural or immunity rules applicable to official roles apply.
Pedro Pacheco lights the fuse on an explosive device himself during a planned arson. Because he personally carried out the physical act that constitutes the crime, he qualifies as a principal in the first degree and faces full criminal liability for the resulting damage.
Perry Pratt, appearing without counsel in a contract dispute, prepares and files his own answer to the complaint. He must sign the document in his own name and include his address and contact information, or the court will strike the filing.
Patrick Phan, a forensic engineer, examines the collapsed bridge beams himself before forming his opinion on the cause of failure. He may base his testimony on those firsthand observations even if some supporting data would otherwise be inadmissible.
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Patricia Patel owns shares in Pinnacle Holdings. When the corporation defaults on a supplier contract, creditors cannot pursue Patricia's personal assets because her status as shareholder does not expose her to direct liability for the company's obligations.
Philip Powell previously supervised an environmental enforcement action while serving as a state regulator. After leaving government, he seeks to represent the defendant in the same matter. The rule bars the representation absent written agency consent because he participated personally and substantially in the proceeding.
Piper Patel is served with a summons while briefly visiting the forum state on vacation. The state court may exercise personal jurisdiction over her for an unrelated contract claim because the service occurred while she was physically present in the state.
A suit proceeds against the official in personal capacity when the plaintiff seeks damages payable from the official's own assets rather than the state treasury. The distinction controls whether Eleventh Amendment immunity applies and whether the official may assert qualified immunity.
Yes. An unrepresented party who signs a pleading certifies that the filing meets the requirements of Rule 11(b). The court may impose sanctions for violations just as it would against an attorney.
An expert may disclose such facts or data only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect. The rule permits the expert to rely on the information even if it is inadmissible, but disclosure to the jury is restricted.
…With strange inconsistency, the law fully acknowledges the foetus in utero and its inherent rights, for civil purposes; while personally and as criminally affected, it fails to recognize it, and to its life as yet denies all protection." Id. , at 75-76. The Committee then offered, and the Association adopted, resolutions…