Written by attorneys · grounded in primary & secondary sources — see below
A manner of proceeding in court in which a party appears and litigates without counsel.
Sources & Authorities
How it applies
Common Examples
6
Judge Handles Own Property Dispute
Idina Iverson, a sitting judge, owned a disputed parcel of land and faced a boundary challenge from a neighbor. She filed all pleadings herself, appeared at hearings without counsel, and presented arguments directly to the court. The filings succeeded because the rules permit a judge to act in propria persona in personal legal matters.
Defendant Waives Counsel at Trial
India Inoue was charged with theft and told the court she wished to handle her defense alone. After the judge confirmed the waiver was knowing and intelligent, India conducted voir dire, cross-examined witnesses, and delivered closing argument without an attorney. The trial proceeded with her in propria persona throughout.
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Cases
Federal Rules
Model Codes
Dictionaries
Faretta v. California422 U.S. 806 (1975)
Party Files Pro Se Brief on Appeal
Ilana Isaacs lost a contract case and chose to challenge the judgment without hiring new counsel. She prepared and filed her own appellate brief, appeared at oral argument, and responded to questions from the bench. The court accepted the filings because a party may proceed in propria persona on appeal.
Plaut v. Spendthrift Farm, Inc.514 U.S. 211, 228 (1995)
Taxpayer Challenges Deficiency Alone
Ivan Ivanov received a tax deficiency notice and elected to contest it in Tax Court without representation. He submitted his own petition, responded to discovery, and argued the case at trial. The proceeding advanced with Ivan appearing in propria persona.
Freytag v. Commissioner of Internal Revenue501 U.S. 868 (1991)
Alien Tort Claimant Proceeds Unrepresented
Ingrid Innes sued under the Alien Tort Statute after an alleged detention abroad. She filed the complaint herself, served process, and opposed dismissal motions without counsel. The district court allowed the action to continue while she remained in propria persona.
Sosa v. Alvarez-Machain542 U.S. 692 (2004)
Defendant Waives Counsel During Plea Talks
Imani Idowu faced federal charges and declined appointed counsel during plea negotiations. She met directly with prosecutors, discussed terms, and entered a plea agreement on the record without an attorney present. The court accepted the plea after confirming her knowing choice to proceed in propria persona.
United States v. Mezzanatto513 U.S. 196 (1995)
Common questions
Frequently Asked
3
May a sitting judge represent a family member in court while acting in propria persona?+
No. Judicial conduct rules permit a judge to act pro se in personal matters and to give uncompensated advice or draft documents for family members, but they expressly prohibit a judge from serving as the family member's lawyer in any forum. Active courtroom advocacy on behalf of a relative crosses the line into prohibited practice of law.
Does a knowing and intelligent waiver allow a criminal defendant to proceed in propria persona at trial?+
Yes. The Sixth Amendment right to self-representation permits a defendant who validly waives counsel to conduct the defense personally, including voir dire, witness examination, and argument. The court must ensure the waiver is knowing and intelligent before allowing the defendant to proceed without counsel.
When a party retains counsel after initially appearing pro se, must opposing counsel serve the new attorney?+
Yes. Once counsel files a notice of appearance, subsequent papers must be served on the attorney rather than the party. Continued direct service on the formerly pro se party after the appearance violates the service rules and can lead to sanctions or extensions.
529 U.S. 598 (2000)Constitutional Law
…Judith Resnik ; for the National Network to End Domestic Violence et al. by Bruce D. Sokler ; and for Joseph R. Biden, Jr., pro se . Briefs of amici curiae urging affirmance were filed for the State of Alabama by Bill Pryor , Attorney General, John J. Park, Jr. , Assistant Attorney General, and Jeffrey S.…