Prepared by Public Counsel s Federal Pro Se Clinic

Transcription

1 Prepared by Public Counsel s Federal Pro Se Clinic Janet Lewis, Proskauer Supervising Attorney, Public Counsel Frances Azizi, Proskauer Civil Justice Fellow, Public Counsel Henry Kornman, Paralegal, Public Counsel The Federal Pro Se Clinic is a project of Public Counsel, a non-profit public interest law firm.

2 Overview The work facing a pro se litigant Cases that belong in federal court The rules of federal courts and how to find them The life cycle of a federal case Resources available to pro se litigants

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4 Pro se (pro-say) means on one s own behalf You can only represent yourself. What about my corporation? What about my family? No. Just you.

5 Step Back Make the right choices your goal is to win. Avoid emotional choices. (It's never personal). Be professional!

6 Work things out first! With individuals: try informal mediation With government agencies: exhaust all administrative options first (required) With businesses: try to settle

7 Is bringing a case in federal court the right solution? What a civil action will not do for me. Settle a grudge or get revenge Humiliate the other side Solve personal, life issues What a civil action can do for me. Money Damages Injunctive Relief Declaratory Relief Other -- settlement

8 Potential costs of civil litigation - even for pro se litigants! Postage Process server Copying costs Transcripts Depositions Witness fees Possible sanctions

9 Even more costs: If you lose your case You will probably pay your opponents costs Motion to tax costs Motion to re-tax costs Heaviest costs will come from depositions can run thousands of dollars

10 Do I have a case for Federal Court? What BELONGS in federal court? Federal question Diversity Research, research, research! Find your claim. Statutes Case Law

11 How do I start my research? Treatises Law Library (Lexis Nexis) Nolo Press Google Ninth Circuit Model Jury Instructions

12 The Rules of Federal Courts Federal Rules of Civil Procedure (FRCP) Local rules of court (LR) Judge s procedures: Standing Order Case Management Order

13 Sources of rules Federal Rules of Civil Procedure Local Rules of Court Judges Procedures bout+judges%27+procedures+and+schedules?openview

14 Pleading Discovery Summary Judgment Trial Post- Judgment

15 Pleading Complaint Service of Process Motions to Dismiss or Strike Answer

16 Complaint Fed. R. Civ. Proc. 8. General Rules of Pleading (a) Claim for Relief. A pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

17 Step-by-Step Guides are Available at the Federal Pro Se Clinic

18 Filing Your Complaint Additional case initiating forms required to file: Summons CV-01A or CV-001A Certification of Interested Parties CV-30 or CV-030 Civil Cover Sheet CV-071 or CV-71 $400 filing fee File in Civil Intake section of the court

19 What if I can t afford the filing fee? Request to Proceed in Forma Pauperis CV-60 or CV-060

20 PACER Public Access Court Electronic Records Instant view of your case. E-Filing NO! E-Service YES! Law Library offers a special course on using PACER

21 Federal Judges Two Judges are assigned to each case. Filing Location District Judge Magistrate Judge How to Read The Docket Number 2 : 04 cv ABC (CW) Year Filed Civil Action Case Number District Judge Magistrate Judge 2 04 cv ABC (CW)

22 Service of Process Let everyone know! Federal Rules of Civil Procedure (FRCP) Rule 4 Default: arrange for hand-delivery Not by you! Keep an eye on the calendar serve on time! How you serve depends on WHO you serve.

23 Who is YOUR Defendant? Private person? Corporation? California agency? County government? City government? Police officer? Careful: Official or Individual capacity? County officer? City? US government? U.S. government?

24 Service of Process Guides and Forms

25 The response to your complaint Motion to Dismiss and/or Motion to Strike FRCP 7, LR-7 govern all motions practice learn them well! FRCP 12(b) You must oppose all motions or you may lose them Hearings and courtroom conduct Answer FRCP 8

26 Pleading Discovery Summary Judgment Trial Post- Judgment

27 Discovery Begins after the response (answer or motion) Try to discover information from the other side Ends at a time determined by the court FRCP 26, etc.

28 Discovery Methods Depositions FRCP 30 Requests for Production FRCP 34 Interrogatories FRCP 33 Requests for Admissions FRCP 36 Subpoenas FRCP 45 Only for a non-party Very strict rules

29 Discovery Be Prepared! Know when discovery closes check your scheduling order Know when you can file your last motion to compel responses under FRCP 37 and LR-37

30 Pleading Discovery Summary Judgment Trial Post- Judgment

31 Summary Judgment Timeline Can file after defendant has responded Usually filed after the close of discovery Summary Judgment is Important Trial on Paper A lost opposition will end your case Comply with FRCP 56 and LR-56

32 Pleading Discovery Summary Judgment Trial Post- Judgment

33 Pre-Trial Pre-trial documents Witness lists Exhibit lists Memorandum of Law and Facts Proposed Jury Instructions See FRCP 16 and L.R.-16

34 Trial Courtroom conduct Jury voir dire Presentation of case Verdict See FRCP and L.R. 38, 39, 47, 48, 49, 50, 51, 52

35 Pleading Discovery Summary Judgment Trial Post- Judgment

36 Post-judgment Final decision in the case Motion for reconsideration Appeal (Fed. Rules of App. Procedure 4) Costs

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38 If you can, find an attorney. State Bar of California tips on finding an attorney at Beverly Hills Bar Association Lawyer Referral Service Los Angeles County Bar Association Lawyer Referral Service, Un-Bundling legal services

39 Federal Pro Se Clinics in the Central District of California Los Angeles Santa Ana Riverside Federal Pro Se Clinic Bankruptcy Clinic Federal Pro Se Clinic Bankruptcy Clinic Federal Pro Se Clinic Bankruptcy Clinic

40 Public Counsel s Federal Pro Se Clinic What we do Provide legal advice on civil legal issues in the Central District of California. Help you to prepare court documents Provide referral and resource information What we do NOT do We do NOT give advice on Criminal legal issues Appeals Habeas cases State court cases Bankruptcy issues We do not provide representation in court. We do not give advice by telephone or .

41 Public Counsel s Forms and Guides

42 Free legal assistance for people representing themselves in U.S. District Court for the Central District of California. Mondays, Wednesdays & Fridays 9:30 a.m. 12 noon and 2:00 p.m. 4:00 p.m. U.S. District Courthouse, 312 N. Spring Street, Main Street Lobby, Room G19 The Federal Pro Se Clinic is a project of Public Counsel, a non-profit public interest law firm.