Filing Without an Attorney / Pro Se

If you do not have an attorney to represent you, you are proceeding “pro se”. If you represent yourself in Court, you are called a “pro se litigant” or a “self-represented litigant”. “Pro se” is a Latin term, meaning “on one’s own behalf” and a “litigant” or a “party” is someone who is either suing someone or is being sued in court.

The right to appear pro se in a civil case in federal court is contained in a statute, 28 U.S.C. § 1654. Thus, anyone can appear pro se, and anyone who appears before the Court without an attorney is considered pro se. There are, however, certain limitations to self-representation, such as:

Corporations and partnerships must be represented by an attorney.
A pro se litigant may not represent a class in a class action.
A non-attorney parent may not appear pro se on behalf of a child, except to appeal the denial of the child’s social security benefits.

A civil case, which is the only type of case you can file in federal court, is different from a criminal case, which can only be brought by government officials. In a civil case, you do not have a constitutional right to appointed counsel. Therefore, if you file a civil case pro se, you should be prepared to pursue it to completion on your own because the Court appoints counsel only under certain limited circumstances that may not be met by your case.

Be advised that Clerk’s Office employees are forbidden by law from giving you legal advice. They are, however, permitted to answer questions regarding procedure and how to access legal forms and reference materials. Listed below is a guide to what information the staff of the Clerk’s Office can and cannot provide:

Information the Clerk’s Office Can Provide:

Information regarding Court policies and procedures
Information from your case docket and how to obtain information from a public computer terminal located in the Clerk’s Office
Court forms and court schedules

Information the Clerk’s Office Cannot Provide:

Legal advice
Guidance on whether or not you should file a case or other pleadings
Instruction on what to write in court documents and what to say in court proceedings
Interpretation of court orders
Computation of deadlines in your case
Direct communication with the assigned Judge on your behalf
Direction on what to do next in your case