Also known as: self-represent · self-represented · self-representing · self-representations · pro se · pro se representation
Written by attorneys · grounded in primary & secondary sources — see below
The conduct of a litigant who appears in court and presents their own case without the assistance of counsel.
Judge Elena Vargas faces a contract dispute in her personal capacity. She files papers and appears at hearings without hiring counsel. The court accepts her filings because the rule permits a judge to act pro se in matters involving her own legal interests.
Sierra Santos is charged with felony theft. She tells the court she wants to handle her defense alone because she believes only she can effectively question the store's security witnesses. The trial judge allows her to proceed after confirming the choice is knowing and intelligent.
Select any source to read its text and confirm it supports the definition.
Simon Stern is convicted and files a notice of appeal. The state refuses to appoint counsel for the appeal because the issues appear straightforward from the record. Stern argues that without counsel he cannot adequately brief the legal questions presented by the trial transcript.
Serena Soto was convicted after representing herself at trial. Years later she seeks habeas relief claiming a new procedural rule should have applied to her self-representation request. The court holds that the new rule does not apply retroactively to her already-final conviction.
Sofia Singh is an inmate who files a civil rights complaint alleging denial of due process in disciplinary hearings. She appears without counsel and submits her own evidence and arguments. The court treats her filings under the same procedural standards applied to represented parties.
Sterling Dynamics, a private university, faces an IRS challenge to its tax-exempt status. The institution's president appears pro se at the administrative hearing and presents evidence about admissions policies. The agency accepts the filings because the entity may choose to proceed without counsel.
Yes. The Sixth Amendment implies a right of self-representation that allows a defendant to reject counsel and present his own defense so long as the waiver of counsel is knowing and intelligent.
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A court may deny the request if it is untimely, if the defendant engages in serious obstructionist misconduct, or if the defendant suffers from a severe mental illness that prevents competent self-representation.
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Yes. A judge may act pro se in all legal matters, including litigation, without violating the prohibition on practicing law.
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Parties in civil cases may appear without counsel, and courts must treat their filings under the same procedural rules that govern represented parties, including signature and certification requirements.
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The defendant must have a rational and factual understanding of the proceedings, including the charges, possible penalties, and the role of the jury.
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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.…