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  1. #1

    Default Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    My question involves civil rights in the State of: TX, Federal

    Is there any law/rule protect rights of litigant(Plaintiff/Defendant) pro se? How to prevent judge and court discrimination against Pro se when appeal to higher court is not working, including supreme court.

  2. #2
    Join Date
    Jan 2006
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    38,727

    Default Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    How is the court discriminating against you?

    Dont mistake equal treatment for what you believe is discrimination. You are expected to know and comply with the applicable rules of procedure. Nobody is going to hold your hand.

  3. #3
    Join Date
    Oct 2014
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    7,348

    Default Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    Quote Quoting worldfg
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    My question involves civil rights in the State of: TX, Federal

    Is there any law/rule protect rights of litigant(Plaintiff/Defendant) pro se? How to prevent judge and court discrimination against Pro se when appeal to higher court is not working, including supreme court.
    Pro se parties are given the same rights and are subject to the same rules that parties who are represented are. In federal court there are a few things in which the court does give some slack to pro se parties. But that is limited out of necessity because for the process to be fair each side must play by the same rules. My experience is that most judges do not discriminate against pro se parties, but they do get a bit frustrated with a lot of them because they pro se don't know the law or the court rules very well and as a result often cause the court and the other party to have to spend time responding to pleadings and motions that really never should have been filed or that contain things that should have been left out.

    With the U.S. Supreme Court, if a pro se party is fortunate enough to get the court to agree to hear the appeal (known as granting the writ of certiorari) the Court's practice has been to appoint an attorney to aid the pro se party, at least in oral argument. But it is very rare for any case to get a grant of certiorari and even less so for pro se parties — again, not due to bias but because the pro se party's writ application is not usually very well done.

    What specific problem do you have?

  4. #4

    Default Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    Plaintiff did not granted an opportunity to complete discover proceeding, no hearing and no chance to cross-examine witnesses, and even worst, the Summary Judgement was drafted by Defendant which not be served to Plaintiff. (judge misconduct of ex parte communication with defendant). It did not address any of Plaintiff’s 48 contented facts and questions listed in joint pre-trail order! The only “factual evidence” listed in Summary Judgment was false statement which Defendant witness refused to answer during his deposition. Plaintiff’s photo evidence would prove defendant's witness' declaration had many false statements, and he committed perjury. Plaintiff received court notice of Summary Judgment just two days before the scheduled pre-trail hearing. No trial or hearing was granted in upper courts. All most every Plaintiff’s motion was denied without explanation.

  5. #5
    Join Date
    Sep 2018
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    Ohio
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    213

    Default Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    Did you appeal to a Superior Court

  6. #6
    Join Date
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    17,060

    Default Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    Posting History will explain the litigation issues.

  7. #7
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    Default Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    Quote Quoting worldfg
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    Is there any law/rule protect rights of litigant(Plaintiff/Defendant) pro se?
    That's an incredibly vague question. What "rights" are you concerned about protecting, and what are you seeking to protect them against?


    Quote Quoting worldfg
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    How to prevent judge and court discrimination against Pro se when appeal to higher court is not working, including supreme court.
    Not really sure what this sentence means, but judges -- especially federal judges -- typically bend over backwards for pro se litigants. However, any litigant -- whether pro se or represented -- is expected to know and follow the applicable procedural rules.

    Quote Quoting worldfg
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    Plaintiff did not granted an opportunity to complete discover proceeding, no hearing and no chance to cross-examine witnesses, and even worst, the Summary Judgement was drafted by Defendant which not be served to Plaintiff.
    Seems like we've been over this before in your previous threads.

    Quote Quoting RJR
    View Post
    Did you appeal to a Superior Court
    There's no such thing as a "Superior Court" in the federal court system (or in the Texas state court system). Did you mean "superior" (lower-case "s") -- i.e., the opposite of "inferior"? If so, the term that's typically used is "higher court."

  8. #8

    Default Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    "How to Sue a Judge Without Using a Lawyer" By David C. Grossack, Constitutional Attorney http://www.constitution.org/grossack/suejud_old.htm

    I read this article and sound interesting. It is possible to sue a judge!

    I was told that he wrote "Bill of Rights Pro Se"? I could not find from web search yet. Anyone knows Mr. Grossack and his Bill of Rights Pro Se?

  9. #9
    Join Date
    Sep 2010
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    19,147

    Default Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    Well he tells you how to file such a lawsuit, but it's a little lean on the information on how to prevail.


    Grossack died two years ago, so I wouldn't expect much more from him. The Wikipedia stuff seems to come almost word for word from other commercial advertising of his so I'd give it a lot of skepticism. You can get some of his books on pro se litigation on Amazon.

  10. #10

    Default Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    Thanks. I heard the Law Talk (radio talk show) by Rick Knox. He mentioned and discussed some of points of the "Pro se bill of rights" by David Grossack. I checked Congress website and could not find any bill of legislation activities about "Pro se bill of rights". Do you or anyone knows Rick Knox and how to contact him?

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