Also known as: proceeding pro se · proceeds pro se · proceeded pro se · pro se proceeding · pro se · in propria persona
Written by attorneys · grounded in primary & secondary sources — see below
A party's conduct of litigation by representing himself or herself without the assistance of counsel. The party must make a knowing and intelligent waiver of the right to appointed counsel when that right applies.
Judge Harlan files a small-claims action in his own name to recover on a personal loan. He appears at the hearing, presents evidence, and examines witnesses without hiring counsel. The court accepts the filings and proceeds with the case because the judge is acting solely on his own behalf.
Pierre Poulin is charged with theft. At arraignment he tells the court he wishes to handle his own defense. The judge conducts a colloquy confirming the waiver is knowing and intelligent, then allows Poulin to conduct voir dire, cross-examine witnesses, and deliver closing argument without standby counsel.
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Pearl Porter is convicted and files a notice of appeal. She moves to discharge appointed appellate counsel and proceed alone. The court denies the motion because the state rule requires counsel on direct appeal for indigent defendants, distinguishing the right at trial from the right on appeal.
Patrick Phan, an inmate, submits a handwritten petition challenging prison disciplinary sanctions. The court treats the filing as a civil complaint under the applicable rules and requires the state to respond, recognizing that the petition functions as the initiating pleading even though Phan has no lawyer.
Priya Prasad files a collateral attack asserting a new constitutional rule announced after her conviction became final. The court denies relief on the ground that the rule does not apply retroactively to cases on collateral review, even though Prasad is proceeding without counsel.
Penelope Price, charged with fraud, negotiates directly with the prosecutor while representing herself. She signs a plea agreement that the court accepts after confirming the waiver of counsel is valid and the plea is voluntary.
A judge may act pro se in all legal matters, including litigation, without violating the prohibition on practicing law. The judge must not use the prestige of office to advance personal interests.
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The waiver must be knowing and intelligent. The court conducts a colloquy to ensure the defendant understands the risks and the rights being relinquished.
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No absolute constitutional right exists on appeal. States may require counsel for indigent appellants because appellate review is not constitutionally mandated and involves different considerations than trial.
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Courts construe pro se submissions liberally and treat a document as a complaint or answer if it performs the substantive function of that pleading, even if it lacks formal captions or numbered paragraphs.
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Yes. The rules expressly permit a defendant proceeding pro se to discuss and reach a plea agreement with the government, provided the court confirms the waiver of counsel remains valid.
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…Judith Resnik ; for the National Network to End Domestic Violence et al. by Bruce D. Sokler ; and for Joseph R. Biden, Jr., pro se . Briefs of amici curiae urging affirmance were filed for the State of Alabama by Bill Pryor , Attorney General, John J. Park, Jr. , Assistant Attorney General, and Jeffrey S.…