Representing Yourself – County of Alameda – Superior Court …
Posted: July 20, 2016 at 7:52 pm
People who represent themselves in court are called pro per or pro se litigants. When they file papers with the court, instead of identifying an attorney as their representative on their papers, they write that they are pro per or pro se in the space where the paper asks who the attorney is representing.
Individuals have the right to represent themselves in court. People do this for a variety of reasons. In all criminal matters an individual has the right to be represented by an attorney, and if a person cannot afford an attorney, the Court will appoint an attorney to represent the person. In non-criminal juvenile matters and in some other situations, the Court may appoint an attorney for a person if they cannot afford one. In civil, family law, and probate matters, people may represent themselves. The Court will not appoint an attorney for them. In small claims matters, individuals must represent themselves; attorneys are not allowed to represent anyone in a small claims matter except on appeal. Sometimes the court will recommend that a person seek advice from or hire an attorney to help them, particularly if the case is more complicated or there are issues in the case for which legal advice would be very helpful. However, the Court cannot recommend specific attorneys.
You cannot come to Court and tell the judge that you are nota lawyer and do notunderstand what you aresupposed to do. The judge cannot give you legal advice about your case normake decisions based on your lack oflegal knowledge or understanding. Theymust follow the law. They may suggest you speak with an attorney, but cannot recommend specific individuals or firms to you.
Each type of case has special rules and procedures that apply. To access the Court's Local Rules, click here.
Below are links to some of the basic information you will need if you are representing yourself in Court. Click on the topic you want for more information.
Is There Any Help I Can Get at Court?
If you do not have an attorney, the Self-Help Center and Family Law Facilitator staff and volunteers can assist you with procedural information and instruction on completing forms in the following types of cases:
Assistance is available in person, by telephone, and by writing us. We also have a number of workshops each week where we show people how to complete forms step-by-step and provide information. Workshops are by appointment only, on the following topics: starting a divorce when you have children, starting a parentage (paternity) action, preparing papers to ask for family law orders (Order to Show Cause), preparing judgment papers, Spanish-only family law clinic, and guardianship of the person workshop. In addition, workshops are provided by Volunteer Legal Services Corporation (VLSC) and the East Bay Community Law Center (EBCLC) on: consumer debt (EBCLC and VLSC), evictions for low-incomelandlords (VLSC), and bankruptcy (VLSC). All workshops, except the Spanish clinics, are by appointment only. The Spanish workshops are limited to the first 10 people per session.
We can:
NOTICE RE EARLY CLOSURE OF SIGN-IN: Notwithstanding our posted hours of operation, please be aware that self-help services are provided on a first-come, first-served basis according to the sign-in sheet. Given volume and staffing limitations, and so that we can provide full service to everyone who signs in, sign-in may be closed earlier than the posted closure time. We will be unable to assist anyone who arrives after sign-in has been closed for the day.
We cannot give legal advice. What does this mean? It means we cannot:
What is a Civil Case?Civil cases are all the cases that dont involve breaking the law in such a way that you can be punished by a serious fine or jail/prison time (this is criminal law). Generally, civil cases may be disputes about a contract, damage to property, or someone being injured. They also involve special relationships, like families or dealing with someones property when they die. Common types of civil cases include:
In a court action, the people involved each have a title. This helps make clear each person's role in the court.
Continued here:
Representing Yourself - County of Alameda - Superior Court ...
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