CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Self-Represented Litigants (In Pro Pers)
 9 Cards On This Topic:
  • 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.


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