Parties representing themselves in court without the assistance of an attorney are known as pro se litigants. “pro se” is Latin for “in one’s own behalf.” The right to appear pro se in a civil case in federal court is detailed in 28 U.S.C. § 1654.  An unwilling defendant may not be compelled by the State to accept the assistance of a lawyer. Any waiver of the right to counsel must be knowing, voluntary, and intelligent.  

The Sixth Amendment guarantees criminal defendants the right to representation by counsel.  In 1975, the Supreme Court held that the structure of the Sixth Amendment necessarily implies that a defendant in a state criminal trial has a constitutional right to proceed without counsel when he voluntarily and intelligently elects to do so.

Before you decide to go “pro se” – the Sixth Amendment to the U.S. Constitution gives you the absolute right to counsel… it’s one of your “due process” rights!

Five useful tips for going pro se: (1) It is essential to be organized with your documents and your thoughts; (2) Know and state your facts and leave emotions at home (a cry-baby does not impress the judge); (3) Think before you speak; (4) Find forms to help you draft your pleadings – maybe from another similar case – don’t reinvent the wheel! (5) Stay truthful and honest – you are under oath!

Many counties in your state are going electronic and making it easier to be pro se! You can: look at the case docket, download filed pleadings and efile, get court-approved forms on the court’s website – especially in adult guardianships and agreed divorces – look there first.

Forms for filing pro se are available at https://www.uscourts.gov/forms/pro-se-forms/