Pro se
Pro se is a
Latin adjective meaning "for self", that is applied to someone who represents himself (or herself) without a
lawyer in a
court proceeding, whether as a
defendant or a
plaintiff and whether the matter is
civil or
criminal. Most courts allow people to appear in court and submit legal documents
pro se, but some prohibit legal "persons" such as
corporations from appearing without representation.
Pro se litigants are usually able to obtain assistance from a
pro se clerk, or in very limited circumstances, the
judge may even give certain advice from the bench on how to navigate the law.
The decision to appear
pro se may sometimes be one of necessity, given the cost of legal representation. Even indigent criminal defendants in jurisdictions that guarantee legal representation may still have to represent themselves in the later stages of
appeal, as such representation is often only provided by the state during the initial trial. This is especially true in collateral proceedings such as
habeas corpus or postconviction petitions that fall outside the normal appeals process.
Other
pro se litigants may themselves be lawyers or have had other legal experience, or simply be confident in their ability to convey their claim or defense without professional aid. In other cases, the litigant's case is so bad that he cannot find a lawyer willing to take the case and must represent himself. Says
Pamela Jones of
Groklaw: "Pro se lawsuits tend to be disasters. If you can't find a lawyer willing to represent you, it usually means you don't have a case." [
1]
Jurisdictions that allow
pro se appearances generally impose limitations on it for abuse or disruption, rather than granting it as an absolute right.
Also sometimes known as "propria persona" or "pro per". In
England and Wales the phrase "
Litigant in Person" is used.
*
pro per
