The Ultimate Pro Se Litigation Guide

Did you know that 75 percent of civil cases include at least one pro se litigant? That’s a lot of self-represented people up against well-qualified attorneys in court. Yikes—the fight doesn't seem fair. 

Maybe you’re one of them. Or, maybe you stumbled across this article by accident. Either way, this guide (and the pro se litigation book it’s based on) will help you understand the civil justice system and arm you with the tools you need to confidently walk into that courtroom. 

What is Pro Se Litigation?

Pro se litigation is when you choose to represent yourself in court without a lawyer. The term "pro se" comes from Latin, meaning “for oneself,” and that’s exactly what it’s about—taking control of your legal battles.

Pro se litigation gives you the power to step into the courtroom and advocate for your rights.  Representing yourself might sound intimidating, but with the right knowledge and preparation, it’s completely doable. 

Why Pro Se Litigation?

Pro se litigation is considered by people who feel like they’ve been left out in the cold by the legal system. It’s not always a first choice, but for many, it becomes the best—or only—option. Here are a few reasons you might choose to represent yourself. 

If you can’t afford an attorney.

Lawyers can be expensive, and not everyone has the resources to hire one. If you’re facing legal issues but don’t have the funds to pay for representation, pro se litigation allows you to still have your day in court without breaking the bank.

If you can’t find an attorney to take your case. 

Sometimes, it’s not about money—it’s about finding a lawyer willing to represent you. Attorneys might turn down cases they feel are too risky, don’t have high enough payouts, or don’t align with their expertise. Pro se litigation is an option if you bet on yourself, even if others won't bet on you. 

If you’ve got a criminal record or are a current prisoner.

If you have a criminal record or are currently in prison, finding legal representation is especially tough. Representing yourself might be the only way to fight back when lawyers are unavailable or unwilling to take your case.

If you’re a parent fighting for custody or parental rights.

Family court battles, particularly for fathers, can feel like an uphill struggle. If you believe the system is biased against you or you can’t afford a family law attorney, pro se litigation becomes a way to fight for your parental rights without relying on a lawyer to do the talking for you.

If you want justice in a civil case.

You know your situation better than anyone, and if you’re willing to put in the effort to understand the law, you can take charge of your legal future and get the ruling you deserve. 

Step #1: Investigating Your Case

So, you’re still here, and I’m betting that’s because you’re thinking about becoming a pro se litigant. First thing’s first: before you file a lawsuit, you’ve got to do some groundwork. 

That groundwork includes investigating the facts and reviewing the law to figure out if you’ve got a solid, legally recognized case. 

In other words, you need to check if both the legal and factual sides line up in your favor. Or, as I like to say, "Investigate before you litigate." (Feel free to use that—it's catchy, right?)

Litigation is all about applying the right facts to the right laws, a constant back-and-forth between what happened and what the law says. Here's a quick rundown of how it works:

Identify a cause of action.

Scrutinize the facts and the law to see if you stand a reasonable chance of winning your case.

Understand the statute of limitations.

Be aware of your accrual date—when your claim officially becomes viable—and the strict deadline for filing. Miss that deadline, and your case is dead in the water.

Investigate the facts.

Gather all the evidence you can. This includes court records, police reports, witness statements, body cam footage, 911 calls, and forensic reports. 

Use every tool at your disposal—open records requests, teamwork with a defense attorney, online research, and the discovery process—to build a bulletproof case.

Step #2 - Do Your Legal Research

While we’re talking about investing the facts, here are a few resources available to you as you investigate your case:

• Online Databases: Tools like Google Scholar provide access to case law and legal articles, making it easier for you to find relevant information.
• Public Law Libraries: These libraries are invaluable for accessing legal databases and research materials. Many law school libraries are also open to the public.
• For Incarcerated Individuals: Correctional facilities often provide access to legal research tools, ensuring you can still conduct necessary legal research while serving your sentence.

Step #3 - Decide Where to File 

When you’re representing yourself, one of the biggest decisions you'll make is where to file your case—federal court or state court. The difference between the two can have a major impact on your case, so it’s important to be strategic.

One key distinction is the jury pools. State courts pull their jurors from a single county, while federal courts draw jurors from multiple counties. This can make a big difference depending on the demographics of the region. 

It’s also worth noting that seeking punitive damages (financial penalties beyond the actual damages) is generally easier in federal court than in state court.

Federal Court

Federal courts are presided over by federal district judges and magistrate judges, who are appointed for life. Federal judges have a lot of power, so understanding the ins and outs of the federal system can be crucial to your case. 

There are two main ways to get your case into federal court:

1. Federal Question Jurisdiction: This applies if your case involves an alleged violation of federal law.
2. Diversity Jurisdiction: This applies if the parties in the case are from different states and the amount in dispute exceeds a certain threshold.

State Court 

State courts are organized by county, with each county having its own court system, though they’re all part of the state’s larger judicial structure. (For reference, Louisiana uses parishes, and Alaska uses boroughs and census areas instead of counties.)

If your case involves federal claims, you can still file it in state court. Be aware, though, that the defendant can request to have it removed to federal court.

Unlike federal judges, state court judges may be either appointed or elected, and they don’t serve for life. Since laws and procedures differ from state to state, always check your local court’s rules to make sure you’re following the correct process for your location.

Step #4 - Understand the Litigation Process

The litigation process is the formal legal procedure used to resolve disputes through the court system. Litigation can be lengthy and complex, but it’s essentially about applying facts to the law to settle conflicts.

The process includes gathering evidence, presenting arguments, and working within the court’s rules and procedures to make your case. Don’t feel overwhelmed. We’ll go through each stage so you can feel confident to navigate the system as you represent yourself. 

Defendants

In litigation, defendants are the individuals or entities being sued. Identifying the right defendants is crucial; you should sue anyone you believe violated your rights based on reasonable belief. 

It's better to err on the side of caution and include potential defendants initially, as you can always dismiss them later if they prove irrelevant.

Pleadings

Pleadings are the formal documents that initiate the lawsuit, including the complaint and the defendant's answer. The complaint outlines your claims and the facts supporting them, while the answer provides the defendant's response. 

Make your pleadings clear and concise—remember they set the stage for your case. Pay close attention to the rules regarding formatting and content in your jurisdiction.

Discovery

Discovery is the phase where both parties gather evidence to support their claims and defenses. This includes written interrogatories, requests for documents, and depositions. 

As a pro se litigant, be thorough in your requests and organized in your documentation. Use this phase to uncover information that may strengthen your case or expose weaknesses in the other party’s arguments.

Summary Judgment

Summary judgment is a motion that can be filed after discovery, asking the court to rule in your favor because there are no genuine disputes about material facts. If successful, it can eliminate the need for a trial. 

Since you’re representing yourself, make sure you clearly present your evidence and legal arguments so that you can convince the judge there is no need for a trial.

Pre-Trial

The pretrial phase involves preparing for trial, including finalizing witness lists, evidence, and trial strategies. This is also when you may attend pretrial conferences with the judge and opposing party. 

Use this time to clarify any outstanding issues and ensure you have all necessary documentation in order. Being well-prepared here can significantly impact the outcome of your trial.

Trial

The trial is the final stage of litigation, where both parties present their cases to a judge or jury. As a pro se litigant, it’s vital to be organized and articulate your arguments clearly. 

Practice your presentation and be prepared to answer questions. Remember that the burden of proof is on you, so present your evidence methodically and confidently.

Step #5 - Understand the Overview of Motions 

Think of motions as your way to communicate directly with the judge about what you need. Because motions can significantly impact your case, it’s vital to write them clearly and persuasively.

Common types of motions include:

• Motions to Dismiss: Requesting the court to throw out a case.
• Motions to Compel: Asking the court to force the other party to comply with a request for evidence or information.
• Motions for Leave to File: Seeking permission to submit certain documents.
• Motions for Summary Judgment: Requesting a ruling in your favor without a trial based on undisputed facts.

Most motions are filed in writing, but during trial, you can also make oral motions. Be prepared to follow a briefing schedule, which outlines deadlines for both the movant (the party making the motion) and the respondent (the party opposing it) to submit their arguments.

When drafting your motion, keep your language clear and straightforward. Stick to the facts and legal arguments, avoiding sarcasm or personal attacks on the other side. Remember, the goal is to persuade the judge based on the law and the merits of your case.

Step #6 - Understand Settlements

Settlement is a way for parties in a legal dispute to reach an agreement without going to trial. While you have the right to take your case to court, judges often encourage settlement discussions to help resolve cases more efficiently.

Settlement can happen at any stage of the litigation process. Judges typically facilitate settlement conferences before trial and may require parties to engage in discussions to explore possible resolutions. Often, settlement talks occur after discovery.

Some courts offer programs like the Settlement Assistance Program (SAP), which specifically helps pro se litigants navigate negotiations. During settlement conferences, parties submit settlement statements outlining their theories of liability and damages, which serve as guides for negotiations.

Private mediation is another option, where a neutral third party—often a retired judge—helps facilitate discussions between the parties to reach a settlement. 

It's important to note that settlement negotiations are generally confidential, meaning what’s discussed cannot be used against you at trial.

Step #7 - Know When To Dismiss Your Own Case

A voluntary dismissal is a legal process that allows a plaintiff to dismiss their own case without prejudice, meaning they can refile it later if certain conditions are met (FRCP 41). 

Before asking for a voluntary dismissal, be sure to carefully consider the statutes of limitations in your state. Dismissal and refiling must comply with specific rules and timelines, including any savings statutes that may allow you to refile within a designated period after a dismissal. 

Okay, but why dismiss?

There are several reasons someone might choose to voluntarily dismiss a case—like wanting to avoid limitations imposed by the Prison Litigation Reform Act (PLRA). Or maybe the workload of self-representing is too much at the time, or maybe you found an attorney to represent you. 

BONUS: Pro Se Litigation for Prisoners: A Few Notes

Filing a lawsuit as a prisoner has its own challenges. Obviously, there are limitations you have in prison or jail you do not have on the outside.  

The Prison Litigation Reform Act (PLRA), enacted in 1996, imposes strict requirements on prisoners filing lawsuits to reduce frivolous claims. Key points include:

• Filing Fees: Prisoners must pay the full filing fees, even if they qualify for forma pauperis status. Fees are deducted from their prison accounts over time.
• Eligibility: The PLRA applies only to those incarcerated at the time of filing. If released before filing, the restrictions don’t apply.
• Frivolous Lawsuits: Prisoners with three or more dismissed cases labeled as frivolous lose the ability to file without prepaying fees unless facing imminent danger of serious injury.
• Injunctive Relief: Courts require proof of ongoing rights violations and that other remedies are inadequate for injunctive relief.
• Grievance Procedures: Prisoners must complete their facility's grievance process before filing a federal lawsuit, adhering to rules about timely filings and naming responsible parties.
• Emotional Distress Claims: The PLRA limits damage claims for emotional distress unless accompanied by physical injury. 

Pro Se Litigation: Frequently Asked Questions

How to obtain an attorney?

You can obtain an attorney by searching online legal directories, contacting local bar associations for referrals, or utilizing legal aid organizations that offer free or low-cost services based on income.

Can you win pro se?

Yes, it is possible to win a case while representing yourself (pro se), but success depends on the complexity of the case, your understanding of the law, and your ability to effectively present your arguments and evidence. It takes plenty of research, preparation, and focus.

How do judges treat pro se litigants?

In 1972, the U.S. Supreme Court held that pleadings drafted by pro se litigants should be held to a “less stringent standards than pleadings drafted by lawyers.” Haines v. Kerner, 404 U.S. 519 (1972). That means pro se litigants get more leeway regarding specific pleading requirements. But different courts interpret that decision in different ways, so don’t assume anything. 

Has anyone ever won a Pro SE case?

Yes, Anthony Faretta was the firs, and many individuals have won pro se cases since. Success stories often involve well-prepared litigants who thoroughly understand their case and the relevant laws.

Why do pro se litigants lose?

Pro se litigants often lose due to a lack of legal knowledge, unfamiliarity with court procedures, and inadequate preparation. Failing to follow legal protocols or present a compelling argument can significantly hinder their chances of success. You need Try Your Own Case to help you represent yourself—and win.

Try Your Own Case—Represent Yourself In Court 

Ready to stand up for yourself in court? Try Your Own Case is your comprehensive guide to navigating the legal system without a lawyer. Equip yourself with expert strategies, detailed checklists, and the know-how to confidently represent yourself and WIN.

The legal odds may feel stacked, but with this guide, you’ll be prepared to handle every step of the process. Whether you’re facing a custody battle, civil case, or fighting for your rights, Try Your Own Case gives you the tools to level the playing field.

Don’t just survive court—thrive in it. Get the knowledge, gain the power, and turn the courtroom into your arena.