Also known as:pro-se · pro per · in propria persona · self-represented
Written by attorneys · grounded in primary & secondary sources — see below
A manner of proceeding in which a party represents himself or herself in court or before an administrative body without the assistance of counsel.
Sources & Authorities
How it applies
Common Examples
6
Judge Handles Personal Lawsuit
Judge Harlan files a small claims action in his own name to recover on a personal loan. He appears at the hearing, presents evidence, and questions witnesses without hiring counsel. The court accepts his filings and proceeds with the case on that basis.
Defendant Waives Counsel at Trial
Pilar Pena is charged with theft and tells the court she wishes to handle her own defense. After a colloquy confirming her understanding of the charges and procedures, the judge permits her to proceed without appointed counsel. She cross-examines witnesses and delivers her own closing argument.
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Faretta v. California422 U.S. 806 (1975)
Pro Se Complaint Survives Motion
Pierce Patterson, appearing without counsel, files a complaint alleging an antitrust conspiracy based on parallel conduct by several firms. The defendants move to dismiss for insufficient factual matter. The court denies the motion after finding the allegations raise a plausible claim under the applicable pleading standard.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Pro Se Defendant Objects to Video Testimony
Patricia Patel represents herself in a child-abuse prosecution. The state seeks to allow the child victim to testify by closed-circuit television. Patel objects on confrontation grounds and argues the procedure violates her rights. The court considers her objection on the record before ruling.
Maryland v. Craig497 U.S. 836 (1990)
Former Official Files Pro Se Brief
Paul Peterson, a former government official, submits an amicus brief in his personal capacity supporting one side in a constitutional challenge. He signs the brief without counsel and cites his own prior experience. The court accepts and considers the filing.
United States v. Morrison529 U.S. 598 (2000)
Taxpayer Submits Pro Se Amicus Filing
Pablo Perez files a pro se amicus brief in a tax dispute before the Supreme Court. He argues that the Tax Court structure raises appointment issues under the Constitution. The Court lists the brief among the filings and references the constitutional question in its opinion.
Freytag v. Commissioner of Internal Revenue501 U.S. 868 (1991)
Common questions
Frequently Asked
4
What must a criminal defendant show to proceed pro se at trial?+
A defendant must make a knowing and intelligent waiver of the right to counsel. The trial court conducts a colloquy to confirm the defendant understands the charges, penalties, and risks of self-representation. The waiver must be clear and unequivocal.
May a judge represent herself in litigation?+
Yes. A judge may act pro se in all legal matters, including litigation and dealings with governmental bodies. The judge must not use the prestige of office to advance personal interests.
Does a pro se defendant receive the same procedural protections as a represented party?+
Yes. Courts must apply the same rules of procedure and evidence. A pro se litigant is not excused from compliance with those rules simply because of self-representation.
Can a judge give legal advice to family members while acting pro se?+
A judge may give uncompensated legal advice to and draft documents for family members. The judge may not serve as the family member's lawyer in any forum.
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.…
Criminal Law Constitutional ProtectionsConstitutional protections of accused persons · Right to counsel (including ineffective assistance of counsel) [Sixth Amendment]NEXTGENFoundational