Pro Se Litigant Resources

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. • 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. • 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 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.

4. The Solution • 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. • 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.

5. Explanation of Court system

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

7. State level: District Courts • These are the trial courts. • To determine what a document filed should look like • Decide what district court you are in • Then look to see what the rules are in that court • 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/ • Then, go to the Self help link http://www.kscourts.org/Programs/Self-Help/default.asp. • 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.

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. • 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_Appeals/. • Then, I would look to see if there are any forms and would find http://www.judicial.state.ia.us/Court_Rules_and_Forms/.

11. State level: Supreme Court • 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. • 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.

12. State level: Tax Courts • 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.

13. Federal level: District Courts • According to United States Courts, these are the trial courts of the federal government. • 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/. • Then, I would look for pro se litigant resources and I would find http://www.mad.uscourts.gov/general/prose-litigants.htm • 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. • 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. • 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. • 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/. • 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 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.

18. Federal level: Tax court • 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_access.htm. One will find the information for pro se litigants.

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. • 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.

20. Pro se litigant Resources and References • 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 • 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 • Federal judicial center. (2010, July 27). Retrieved from 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