Hung Le, JM, LDA, CMPSS
Self-represented Litigants Making Mistakes In Court
Self-represented litigants often face significant challenges when navigating the court system, many of which stem from a lack of understanding of the rules and procedures that guide legal proceedings. Here are some of the common mistakes they tend to make:
1. Not Understanding the Rules
One of the most prevalent mistakes self-represented litigants make is not fully understanding or following the rules of court procedure. Courts have strict guidelines on how documents must be presented and filed. For example, a motion record is a critical document that must be formatted in a specific way, containing a notice of motion, evidence, and other elements, all of which are described in the Rules of Civil Procedure. Failing to include required sections, misnumbering pages, or not properly tabbing the record can frustrate judges and potentially lead to the rejection of documents.
In civil cases, even small errors, such as using the wrong color for a back page (which indicates whether a party is the moving party or responding party), can create confusion. These mistakes may appear minor, but they can distract or annoy a judge, which could negatively affect the outcome of the case.
2. Focusing Only on the Merits of the Case
Self-represented litigants often focus exclusively on the substance or merits of their case, such as a breach of contract, while ignoring the procedural aspects, like formatting and organizing documents correctly. This can be detrimental because courts place great importance on following procedural rules. A well-structured and properly formatted document allows judges to quickly navigate the case details, while an improperly formatted submission can waste valuable court time and reflect poorly on the self-represented party’s ability to manage the case.
3. Not Understanding Forms
Court forms are a major source of confusion for self-represented litigants. For example, downloading a form like a “Statement of Defense” from a legal website may seem straightforward, but the form often requires the user to construct their response based on the specific details of the case, not just fill in the blanks. The forms are governed by the Rules of Civil Procedure, which can be difficult to interpret for those unfamiliar with legal language. Without understanding how to structure their responses correctly, self-represented litigants risk submitting incomplete or incorrect forms.
A good strategy is to refer to examples of properly completed forms, preferably prepared by lawyers, to understand how to format and organize the document.
4. Violating Litigation Etiquette
Another common mistake is violating litigation etiquette or communication protocols. For instance, a self-represented litigant might contact a judge directly without informing the opposing counsel, which is typically not allowed. Inappropriate communications with the judge or the other party’s lawyer can backfire and may result in the judge excluding evidence or dismissing a motion.
Self-represented litigants should be aware of the rules governing when and how they can communicate with the judge, as well as what information is required to be shared with the opposing party. These rules are crucial because any breach could give the opposing side grounds to challenge the self-represented litigant’s actions.
Conclusion
While the court system can be intimidating for anyone, self-represented litigants face extra hurdles when they don’t understand the legal rules, procedures, and etiquette involved. Learning the rules of civil procedure, focusing not only on the merits of the case but also on proper document formatting, and seeking examples or guidance wherever possible are all crucial for a self-represented litigant’s success in court. At Legal Document Services, we will help you to navigate the legal paperwork at your own choosing and directions. Please call now-(714) 851 – 5236/(760) 530 – 8296!
