CALIFORNIA FAMILY LAW
...
Procedure Before Trial/Hearing
......Self-Represented Litigants (In Pro Pers)
10 Cards On This Topic:
As DVRO litigants are generally unrepresented by counsel, special burden placed on bench officers to protect the fundamental due process rights of these pro per litigants.
A judge has the discretion to take reasonable steps, appropriate under the circumstances and consistent with the law and the canons, to assist a pro per litigant.
The trial ct. is under no obligation to "level the playing field" by assisting pro per to elicit testimony; litigant entitled to the same, but no greater, consideration than other litigants and attorneys.
Pro pers are entitled to no greater consideration than other litigants and attorneys.
When dealing primarily with pro pers, proceedings are more inquisitorial and judges must be active in protecting rights of litigants.
The judge should monitor to ensure pro per litigants are not inadvertently misled; special care should be used to make sure that verbal instructions given in court and written notices are clear and understandable by a layperson.
Litigants appearing in propria person must adhere to the same rules of procedure as attorneys.
Sanctions are not appropriate against a pro per appellant simply because appeal has no merit; must be some other impropriety.
Pro per litigants should be held to same standards as attorneys.
Pro per with resources held to same standards as attorney.