NCJ Number: |
182356  |
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Title: |
Meeting the Challenge of Pro Se Litigation: A Report and Guidebook for Judges and Court Managers |
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Author(s): |
Jona Goldschmidt; Barry Mahoney; Harvey Solomon; Joan Green |
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Date Published: |
1998 |
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Annotation: |
This study of the recent growth of pro se litigation is intended
to assist judges and court managers in developing effective
assistance programs and strategies for handling self-represented
litigants.
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Abstract: |
In addition to presenting the latest available data on the extent
of pro se litigation, case law, and other literature on the
subject, this guidebook includes the results of two nonscientific
surveys of judges and court managers regarding existing programs
and services for self-represented litigants. The survey inquired
about judicial attitudes toward self-represented litigants, as
well as courtwide and individual judges' policies and strategies
for handling them in the courtroom. The first section provides
information on areas of law in which the growth in pro se
litigation has been observed, and cites news accounts from across
the country that call attention to this phenomenon. Another
section summarizes the legal and ethical issues that daily
confront judges and court staff who deal with self-represented
litigations. This section reviews the constitutional bases of
self-representation, the decisional law concerning pro se
litigation, as well as relevant cases, ethics opinions, and
attorneys general opinions concerning judicial and court staff
assistance to self-represented litigants. The daily challenges of
pro se litigation are described in another section, with
attention to administrative and judicial challenges. A section on
resources for management of self-represented litigants presents
examples of pro se assistance programs adopted by courts across
the country, followed by policy recommendations developed by the
advisory committee for this project. It is anticipated that these
recommendations will be used as a starting point for a national
dialog and local policy development to ensure access to the
courts for all litigants, whether or not they are represented by
attorneys. Appended additional resources, including a 38-item
annotated bibliography
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Main Term(s): |
Court management |
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Index Term(s): |
Court administrators; Judges; Pro se defense |
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Grant Number: |
SJI-96-12A-C-035 |
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Publication Number: |
ISBN 938870-81-5 |
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Sponsoring Agency: |
American Judicature Soc Chicago, IL 60601-7401 State Justice Institute Alexandria, VA 22314 |
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Corporate Author: |
American Judicature Soc United States of America |
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Sale Source: |
American Judicature Soc 180 N. Michigan Avenue Suite 600 Chicago, IL 60601-7401 United States of America |
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Page Count: |
158 |
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Format: |
Book (Softbound) |
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Type: |
Instructional Material |
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Language: |
English |
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Country: |
United States of America |
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To cite this abstract, use the following link: http://www.ncjrs.gov/App/publications/abstract.aspx?ID=182356 |
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