To “Pro Se” or Not to “Pro Se”….that is the question

king coronation

Community Activists need to ‘step up their game’ to combat corruption, and wayward politicians that think that a king’s coronation has been bestowed on them .  There is a steep learning curve, and it is not for the “faint of heart”.  We are starting to learn the procedures and will keep you posted on our progress.  First, let’s learn the terms: “Mandamus”, and “Pro Se”.

Section 2731 of the Ohio Revised Code deals with Mandamus actions.
http://codes.ohio.gov/orc/2731

“Mandamus is a writ, issued in the name of the state to an inferior tribunal, a corporation, board, or person, commanding the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station.
Effective Date: 10-01-1953. ”

(LFC Comment: Basically, a lawyer or a “pro se” litigant can go to court, file a complaint against a government official and ask the court to get said official to do their job.  So what is “pro se”?)

pro se litigants

A search of the Internet gives us the following information:

What does it mean to appear pro se?
Although the majority of individuals, also known as “litigants” or “parties,”appearing before this court, is represented by attorneys, a small percentage appears pro se. Litigants or parties representing themselves in court without the assistance of an attorney are known as pro se litigants.

“Pro se” is Latin for “in one’s own behalf.” The right to appear pro se in a civil case in
federal court is defined by statute 28 U.S.C. § 1654. Thus, with some limitations, anyone can appear pro se, and anyone who appears before the Court without an attorney is considered pro se.

Can a Court Employee give me legal advice or assistance?
Legal advice should be given only by lawyers to their clients. The Clerk’s Office staff and other Court employees are prohibited by law from giving legal advice or performing any legal services on your behalf. Court employees must remain neutral in order to preserve the integrity and independence of the Court. However, Clerk’s Office employees may provide procedural advice.

How do I sue someone in federal court?
A lawsuit is commenced by the filing of a “Complaint” with the District Court Clerk’s Office, accompanied by the filing fee or a request to proceed without prepayment of the filing fee if you cannot afford to pay the fee.

How do I file a Complaint?
Complaints, as well as all other papers submitted by pro se litigants must be submitted to the Clerk’s Office. The complaint must include a caption, a statement of facts, the name and address of the litigant and the litigant’s signature.

How long do I have to file my Complaint (statute of limitations)?
The time limit a person has to file a lawsuit is determined either by the specific federal law that is at issue or the types of claims raised in the lawsuit. This information is legal advice and the court employees cannot tell you how long you may have to file a lawsuit. In order to find out how long you may have to file a case, you must do legal research. Many federal laws specifically state the statute of limitations period. Generally, if the federal law at issue does not include a statute of limitations, you must look to the statute of limitations period listed in state law for the most similar type of claim.

How do I bring criminal charges against someone?
Only government prosecutors have the authority to bring criminal charges against someone in federal court. If you believe you have been the victim of a crime or if you have knowledge of a crime that has been committed, you should contact the appropriate prosecutor’s office. If you believe the crime is a violation of federal law, you should contact the United States Attorney’s Office for the district in which the crime is alleged to have occurred. If you believe the crime is a violation of state law, you should contact the District Attorney’s Office for the county in which the crime is alleged to have occurred.

I don’t have a computer or a typewriter, can I write my papers in long-hand?
Yes, so long as they are legible, papers may be handwritten.

Can I file my papers electronically?
Pro se litigants may file electronically, but they are not required to do so. For information on electronic filing, visit the CM/ECF and PACER web pages.
See http://www.mad.uscourts.gov/caseinfo/cmecf-general.htm and http://pacer.psc.uscourts.gov.

Can I speak to the judge about my case?
Unless appearing in Court before the judge, all communication to the judge must be done in writing.

Will the judge answer my letter?
Generally, the Court will respond to procedural requests, such as extensions of time, that are made in the form of a letter. However, the decision to respond or not to respond to a letter is at the discretion of the judge.

Will the judge accept faxes? Will the Clerk’s Office?
Most judges do not accept faxes. The Clerk’s Office does not accept faxes.

Why can’t the Clerk’s Office or other Court employees tell me what the law is?
This would be considered giving legal advice and Court employees are prohibited by law from giving legal advice to the public, even if the employee is a lawyer.



Categories: Corruption, Uncategorized

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