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Pro se appearance


(Florida)

Our counsel on record was discharged by us last month. He subsequently filed a motion to withdraw as counsel on record and stated in that motion that opposing counsel was in agreement. There has not been a ruling on this motion by the Court and we do not know when the court will rule on it . Our questions are:

Do we need to file a notice of appearance as pro se and if so when can/must we do this ?

Do we file it now as we have already discharged our current attorney or do we have to wait on a ruling on his motion to withdraw ?

While his motion is pending, can we file papers with the court and will our pro se filings we valid ? We did file a notice of INTENT to appear pro se but is that sufficient or do we need to file an actual notice of appearance as appearing pro se and if so when must this be done.

Any applicable rule, case law reference, or other information sources would be appreciated.




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Pro se in fraud in the inducment
by: Anonymous

I explained that i only had $200K for franchise investment. The owner of franchise was not honest about how much i would need and how much I would make. i moved forward because i was convinced in the things i was told. I paid for a lease first and guaranteed as an individual. then I formed a LLC prior to the signing of the contract by about a week. This was under their advice. The money as they knew was 100% from me. I have brought suit but their attorney is trying to get it dismissed because of standing and I need an attorney to represent me. However, the fraud occurred but at that time i had invested the money with the contract being presented as a "take it or leave it". they listed the LLC but i signed as an individual. i had no idea I was signing away my rights to represent. if the suit gets dismissed i lose everything. The fraud was in the inducement when I was an individual. the LLC came after I committed to a lease and paid fees. Can i sue pro se or do I have to sue under the LLC and find a lawyer? I have a hearing this week.
Defamation
by: Anonymous

Greetings

I was given a Power of Attorney in a probate case. The person I represented fired her attorney because he permitted another person in his office to work on her case for years and then found out he was a disbarred attorney.
Then she filed a complaint with The Florida Bar against the attorney and a UPL case against the disbarred attorney.
I as the POA, followed the Bar rules to inform them and even spoke by phone with the disbarred attorney and spoke about church and the matters of UPL, he told me everything he did was to help.
When he responded to The Bar, he stated I called him and offered $500 for him to testify against the attorney in the court case. The thing is there is no court case against neither one of them.
I am a Pastor and have this to me is defamation. The complaint and the UPL have all the exhibits and no one is a witness. I want to pro se a lawsuit against this man. What can you tell me about it?

Sincerely,
John
Notice of Pro Se Appearance
by: Staff FALDP

Yes, file a Notice of Pro Se Appearance, just to make matters perfectly clear. I haven't located any case law specific to your question. However, I did locate a couple of good examples of Notice of Pro Se Appearance. You can find one here:

http://www.foreclosureprose.com/storage/forms/NoticeAppearance.pdf

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Pro Se

by Cynthia
(Santa Rosa)

What paperwork do I need to file for intentional tort and defamation?

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Pro se use of terminated attorney as witness in civil suit.
by: Anonymous

Can I subpoena my terminated attorney, who helped me gather all the evidence in my defense? I dismissed him due to lack of funds and went pro se. It seems I could defend my self by questioning my attorney about the evidence he collected and submitted on my behalf.Is this possible and wise?
Intentional Tort and Defamation
by: Lorna

Cynthia,
A law suit for an intentional tort and defamation is a civil complaint. "Defamation" is a type of tort. And a tort is an injury. From the "Free Dictionary" online " Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought.

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pro se motion for property release / order for property release

by robert mcwhorter
(orange city florida usa)

If I file a motion for release of property for a closed felony case, do I ned to include a request for hearing or and ORDER that the judge can sign to release the property. Orange county florida.

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Pro Se Motion for Property Release
by: Staff FALDP

Robert,
Yes, in general, you should include a Notice of Hearing with your motion if you are requesting a hearing. If you are not requesting a hearing at all, you can state that no hearing is requested in your motion. The other party, law enforcement or the state attorney's office, may dispute your property being returned to you, in which case, a hearing will need to take place. If there is no hearing a proposed order is filed with the clerk of court, and sent to the other parties along with a cover letter requesting that the judge please sign the order.

However, depending on the nature of your case and what the property is, you may not need a court order. You may be able to contact the police department directly and request the return of your property. The Winter Park Police Department has some helpful information on their site:

http://www.wppd.org/csd/property.htm

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Reimbursement for my "Pro Se" efforts as Plaintiff

Statutes are quite clear that I would be reimbursed for "attorney fees" What about my time as a "pro se" plaintiff? How/Who is paying me for my time? Statute there?

Case is a slam dunk under FL 823.05 (Check over $150) So I file a few papers, do the work, or hire someone to collect a fee on what I already did the work on?

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Reimbursement for Legal Document Preparation
by: Staff, FALDP

As far as we know you cannot be reimbursed for your own time. And you are correct that if you hired an attorney you could be reimbursed for attorneys' fees. Likewise, if you used a legal document preparer, as far as we know you cannot be reimbursed for nonlawyer fees either. We believe that this is unfair, particularly for pro se litigants who use the services of nonlawyer legal document preparers(LDPs). Legal document preparers are recognized by the courts as service providers. And LDPs are required to attach their name, phone number, and address to every Supreme Court approved document which they prepare for a customer for court filing. Since LDPs are recognized in this way, why can't pro se litigants be reimbursed for the cost of services? If you try it and it works, please let us know.

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pro se forms needed for civil court

by Ricky Richardson
(winter haven,Fla.polk)

Where do I find all the form I need to file, when my insurance company stops paying my medical claim?

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Does the judge have to grant me pro se status in a civil case?

May a plaintiff represent themselves in a civil matter

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Yes unless representing a corporate entity.
by: Michael Wappler Legal Eagles

Yes, unless representing a corporate entity. A person cannot represent a corporate entity pro se. Article 1, Section 21 of the State of Florida Constitution provides:

SECTION 21. Access to courts.—The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.

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Pro se forms

Where can I find downloadable family law forms in Florida? Can I fill them out myself or do I need to hire an attorney?

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Pro Se form request
by: Anonymous

I'm currently in divorce proceedings and previous lawyer officially withdrew due to financial strain, however; after reviewing all FL Family Law forms I still can not find appropriate document to be filled out to mandate the opposition to be evaluated for employment capabilities. I'm also looking for the form to use when preparing for pre-trial/trial to officially notify opposing counsel of whom I am requesting to subpoena/testify in court, whether it's disposition or in-person. Thank you.
Supreme Court approved forms
by: FALDP Staff

Florida family law forms are free downloads on the Florida Supreme Court's website – www.flcourts.org. Go to their site, look in the middle of the page where it says “Self-Help”; and then click on “Family Law Forms”. A long list of forms will appear. These are all free downloads and can be used in throughout Florida, with the exception of Miami-Dade County. Dade County created their own set of forms for most family law matters, and the courts require that consumers purchase their court forms. The clerks of court will not accept the Florida Supreme Court approved forms.

If you're in any other county, you simply download the forms and use them. Some of them are pdf fillable, and others are in rtf format. All of these forms are designed to be used by pro se litigants. Read and follow the instructions that accompany the forms.

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Pro Se Rights by law

by Rene
(Crystal River, Fl, citrus)

What specific statutes provide the rights of a Self Represented Litigant, (Pro Se)?

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pro se rights by law
by: Connie Allis

Hi Rene,

According to the Constitution everyone has the right to represent themselves in court.Pro se is a Latin phrase meaning "for oneself. Pro se legal representation refers to the instance of a person representing him or herself without being represented by a lawyer. A Pro se, can be a defendant (the person against whom a charge is brought) or a plaintiff (the party that institutes a lawsuit in the court) regardless of whether the matter is civil or criminal.

The right of a party to a legal action to represent his or her own cause has long been recognized in the United States, and even predates the ratification of the Constitution.

The Supreme Court noted that "[i]n the federal courts, the right of self-representation has been protected by statute since the beginnings of our Nation. Section 35 of the Judiciary Act of 1789, 1 Stat. 73, 92, enacted by the First Congress and signed by President Washington one day before the Sixth Amendment was proposed, provided that ‘in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.’" Faretta v. California, 422 U.S. 806, 813 (1975). This statute and the Bill of Rights were considered necessary in order to get support for the new Constitution.[3]

- See more at: http://debtrelief.uslegal.com/representing-yourself/pro-se/#sthash.3gPppzqY.dpuf

Connie Allis
CLA Legal Document Service
407-488-0197
Pro Se Rights
by: FALDP Staff

Dear Rene,
Following is one cite and quote I found, please explore further -

Elmore v. McCammon (1986) 640 F. Supp. 905


"... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."


And visit this site for more information:
http://irwinschiff.homestead.com/CASESonProSe.html


And more cases are here:
http://www.pro-selaw.org/cases.asp

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Request for pro se representation

I am unable to afford a lawyer. I am also a resident of another state and being sued by a Florida resident. I am unable to attend court hearings in Florida, and want to be able to represent myself, and request a venue transfer.
Do I need to officially file a motion to represent myself?
Can I file motion to transfer venue as pro se?

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Pro ses collectively filing a NOTICE OF APPREARANCE AS PRO SES "JOINDER"
by: Anonymous

How do a file a "joinder" of five (5) pro ses together, as we are all heirs to a civil court trial case in the up coming months ahead.
Note: we released our attorney (he filed an ex parte motion), due to the fact that there was no billable hours, disappearance of funds deposited.... let's not go there.

Again, how should I state "joinder on the first page to address we are pro ses as one? Thank you
Unable to afford a lawyer
by: Staff FALDP

You are not alone. An awful lot of people find themselves forced to represent themselves due to the cost of legal representation. As far as we know, most Florida circuits do not require a Notice of Pro Se Appearance, however, some courts may have local rules requiring that you file that. And, in any event, it does not hurt you to file a Notice of Pro Se Appearance, if you're unsure. Often pro se litigants file a Notice of Pro Se Appearance after their attorney has withdrawn from the case, to make it clear to the court and the other party, that they are now proceeding pro se. As far as venue and jurisdiction - don't confuse the two. Jurisdiction is the court with authority to decide your case; and venue is the place within that authority in which the case is heard.

jurisdiction (ˌdʒʊərɪsˈdɪkʃən)
n
1. (Law) the right or power to administer justice and to apply laws
2. (Law) the exercise or extent of such right or power
3. (Law) power or authority in general;

http://encyclopedia.thefreedictionary.com/Venue+%28law%29

If jurisdiction is proper in Florida, you may be able to appear telephonically.

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Set Hearing for Motion to Dismiss as Pro Se


(Broward County Florida)

I was unable to set hearing and mail notice of hearing for Motion to Dismiss for Lack of Prosecution as to set hears are done online. I am pro se litigant and do have a login and password.

However at the Court House the Clerk at the Pleading Window stated that after I gave her Notice of Hearing and Motion to Dismiss with sufficient copies and sufficient stamped, self-addressed envelopes that she will set hearing.

After I sent a letter to the Judge to follow up, the Judicial Assistant left a message that she is waiting for opposing counsel to enter a Summary Judgment against me. A month later the Summary Judgment was entered and I received notice.


What is Florida case law that I can reference in my Motion to Set Hearing and for Judge to hear my Motion to Dismiss for Lack of Prosecution?

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Pro se
by: Anonymous

Can a family judge in Florida say you can no longer be pro se?
Motion to Dismiss
by: Ruth Tick

The rule is that after 10 months either party can file a Motion to Dismiss for Lack of Prosecution if the file has remained dormant during that time. Then there is an additional sixty days when, if anything at all is filed, the case is considered active.



Florida Rule of Civil Procedure 1.420(e):
(e) Failure to Prosecute. In all actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court, or the clerk of the court may serve notice to all parties that no such activity has occurred. If no such record activity has occurred within the 10 months immediately preceding the service of such notice, and no record activity occurs within the 60 days immediately following the service of such notice, and if no stay was issued or approved prior to the expiration of such 60-day period, the action shall be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. Mere inaction for a period of less than 1 year shall not be sufficient cause for dismissal for failure to prosecute.

Please contact me through this site for more information - 941-237-0951

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file for pro se

by Sonja
(Broward COunty, Fort Lauderdale, FL)

what forms to file to defend myself pro se

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Pro Se Answer
by: Staff, FALDP

Dear Sonja,

We need more information to be able to give you a good answer to your question. But, here is some general information that might help. If you need to file an Answer in family court, there are forms available on the Florida Supreme Court's site -- www.flcourts.org . If you need to file an Answer about some other type of complaint - not in family court - we have some self-help publications that might help.

We have a "Civil Answer Ebook" that is a general guide to preparing a variety of answers/ responses. It is available on this site, just look in our Bookstore on the Navigation Bar.

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How do i request the taking of a deposition pro se?

by Robert
(beaufort, s. c.)

Need to know how to prepare a document pro se to request a deposition from an individual in a contract dispute civil case now pending?

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Pro Se Deposition
by: Judi

Hi Robert,
I'm not an attorney, what I know is only from my own reading and personal experience. A deposition is part of discovery, and as far as I know, you need to file a notice and motion for taking a deposition. And the reason for taking a deposition is to gather pertinent information related to the case. Some pro se litigants find it easier to use interrogatories instead of depositions, but, again, as far as I know, it is your choice.

Florida Rule of Civil Procedure 1.280 provides:

(a) Discovery Methods. Parties may obtain discovery by one or more of the following methods:

Depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise and under subdivision (c) of this rule, the frequency of use of these methods is not limited, except as provided in rule 1.200 and rule 1.340.

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I AM PRO-SE CAN I SERVE A SUBPOENA ON WITNESSES

by GEORGE
(JACKSONVILLE, FL.)

fLORIDA STATE STATUTE/ RULES OF PROCEDURE FOR SERVICE OF SUBPOENA BY PRO-SE LITIGANT

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Pro Se?

What does it mean to be Pro Se in Florida? Is that the same as pro per? Is it wise to be Pro Se or is it better to hire an attorney? I am trying to have my child support adjusted. I'm unemployed, and I can't make these payments anymore. Are there special forms for this?

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Pro Se and Pro Per are the same
by: FALDP Staff

Pro se and pro per are the essentially the same. In different parts of the country one or the other is most commonly used. They're both Latin phrases meaning "for one's self"; so a pro se or pro per litigant is someone who does not have an attorney. In Florida we generally use the term pro se.

As far as having your child support changed because you're not working, there may be a couple of things you can do. You could try and have it changed through the Florida Department of Revenue by filling out a "Request to Review child Support Order" form. The form is on the there site, here's the link:
https://taxapp2.state.fl.us/cse/review/

Or you may need to file a Supplemental Petition for Modification of Child Support. Read the instructions for the form to find out if that form applies to your situation. The forms for a supplemental petition for modification of child support are on the Florida Supreme Court's site at www.flcourts.org . Read the instructions carefully, they will tell you which other forms need to be filed along with the supplemental petition.
Pro Se Family Court
by: BRM

You might be eligible for Court Appointed Attorney.

57.082 Determination of civil indigent status.—(1) APPLICATION TO THE CLERK.—A person seeking appointment of an attorney in a civil case eligible for court-appointed counsel, or seeking relief from payment of filing fees and prepayment of costs under s. 57.081, based upon an inability to pay must apply to the clerk of the court for a determination of civil indigent status using an application form developed by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court.
(a) The application must include, at a minimum, the following financial information:
1. Net income, consisting of total salary and wages, minus deductions required by law, including court-ordered support payments.
2. Other income, including, but not limited to, social security benefits, union funds, veterans’ benefits, workers’ compensation, other regular support from absent family members, public or private employee pensions, unemployment compensation, dividends, interest, rent, trusts, and gifts.
3. Assets, including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in a boat or a motor vehicle or in other tangible property.
4. All liabilities and debts.
The application must include a signature by the applicant which attests to the truthfulness of the information provided. The application form developed by the corporation must include notice that the applicant may seek court review of a clerk’s determination that the applicant is not indigent, as provided in this section.

(b) The clerk shall assist a person who appears before the clerk and requests assistance in completing the application, and the clerk shall notify the court if a person is unable to complete the application after the clerk has provided assistance.
(c) The clerk shall accept an application that is signed by the applicant and submitted on his or her behalf by a private attorney who is representing the applicant in the applicable matter.
(d) A person who seeks appointment of an attorney in a proceeding under chapter 39, at shelter hearings or during the adjudicatory process, during the judicial review process, upon the filing of a petition to terminate parental rights, or upon the filing of any appeal, or if the person seeks appointment of an attorney in a reopened proceeding, for which an indigent person is eligible for court-appointed representation

READ MORE HERE: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0057/Sections/0057.082.html

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I am a pro se itigant

by Mario Pineda
(Miami, Florida usa)

I want to know, if I can bring to actions against defendant in one claim.

For example: Can I make a dentist negligence claim and a contract claim within the same law suit?

Thanks,

Mario Pineda

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Can a corporation sue pro se?

by Jenn
(Ocala, Marion County, FL)

I'm wondering if a corporation can litigate pro se or not because wouldn't that go against what pro se means?  Pro se is supposed to mean doing it yourself basically right?  I live in Florida so I was contacting you to see if you can help me figure this question out.  I've been running my dad's company for a while, and he's old and doesn't know the answer to this question. His company is an LLC, and he made me an officer when I started helping him out. We have someone who owes us money, and I guess we really have to sue. Thanks for your time.

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Pro Se
by: Sher

Small Claims up to 5,000 an LLC can file with out an Attorney, anything over 5,000 if a LLC or business needs to file a complaint ( which would move up tp County Civil) you would need an Attorney.

I am finding this out the hard way, which makes absolutely no sense why an LLC can not be represented in the courts pro se
Pro Se & LLC
by: Rose

We are an LLC. A Property management co. and from time to time I file all of our evictions without any issues. Only 2 have had hiccups and those were the ones where the tenants filed motions for rent determination, and I was new to Pro Se. So, IMO yes, in FL I assume you can file lawsuits in small claims or civil court. Although, I am not an agent of the LLC, only the property manager, and therein may be the fine line. Maybe someone else will know?
You have a point
by: Lorna

As far as I know (and I'm not an attorney) an officer of a corporation or an LLC can represent the corporation or LLC in small claims court. So if your company is owed money, and it is within the jurisdiction of small claims court, go for it. At the moment I can't find the law on that. Can anyone help?

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Pro Se refund

by Kimberly
(Dade City)

How do I file a lawsuit to have bond and other expenses refunded when a case is dismissed by the state?

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Pro Se Refund
by: FALDP Staff

Hi Kimberly,
Good question, and a new one for this site. I'm not entirely sure I'm answering the right question, since I'm lacking details.


I'm assuming what you mean is that you paid a bail bond for a criminal offense and then the state dismissed the charge entirely. If you paid bond to a bail bondsman you paid for insurance, and the bond is likely not refundable. For example, if you paid 10% of a $1500. bond ($150) - the $150 is not refundable. However, if you paid the entire $1500 bond to the jail you should be entitled to at least a partial refund.


According to Big Johnson Bail Bonds - http://bigjohnsonbailbonds.com/using-cash-bail/:

"Cash bail is the process of paying the court the full bail amount for a defendant. If the defendant appears at all court dates, the court will refund the cash bail upon completion of the court case.


Often, people wonder why they should pay a bondsman a non-refundable fee if they can pay the court the full amount and get a refund. Florida law requires that any cash bond posted by or “on behalf of” any defendant shall be applied against any unpaid court fees, court costs, fines, and any other criminal penalty. If you are putting up a cash bond for another person, you are putting it up “on behalf of” that person, and your money will be withheld to pay the defendant’s unpaid court fees, court costs, fines, and other criminal penalties (Section 903.286, Florida Statutes) Which means there is no guarantee that a depositor will receive their money back. Furthermore, Florida statutes do not provide clear guidelines on return of a cash bond in the case of a defendant missing court.


There are cases where the court sets a cash only bond on a defendant. In these cases the bail cannot be paid as a surety bond and must be paid in full directly to the courts."

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Pro se

by Rosa
(Orlando)

Does the judge have to grant me pro se status in a criminal case in Florida or can I just do it?

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Pro Se in Criminal Proceedings
by: FALDP Staff

Rosa,

It depends. If you are charged with a crime, and not able to afford an attorney, you are entitled to the services of a Public Defender. For simple post conviction matters such as early termination of probation, many people represent themselves.

27.51 Duties of public defender.—
(1) The public defender shall represent, without additional compensation, any person determined to be indigent under s. 27.52 and:
(a) Under arrest for, or charged with, a felony;
(b) Under arrest for, or charged with:
1. A misdemeanor authorized for prosecution by the state attorney;
2. A violation of chapter 316 punishable by imprisonment;
3. Criminal contempt; or
4. A violation of a special law or county or municipal ordinance ancillary to a state charge, or if not ancillary to a state charge, only if the public defender contracts with the county or municipality to provide representation pursuant to ss. 27.54 and 125.69.

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Pro se with spouse to evict tenant

by Jacquelyn
(Pensacola, Fl.)

Does my spouse have to show up to civil court to evict a tenant in Clay County Fl since we are both plaintiffs on summons? He is in the military and we are stationed 5 hours away from Clay County. Thank you.

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Pro Se Plaintiff Civil Suit

by Kelly
(Palm Beach,FL)

I have filed a civil suit. The defendant answered the complaint. Now he has an atty for a limited appearance for service and venue claiming the defendant was not served properly.

He has filed a motion to dismiss with the uniform motion calendar after telling me he was going to provide me with numerous dates. He did not do this. I have been trying to contact him via email and phone and refuses to speak to me. He then on Friday filed a Motion to Quash Service. He has not certified mailed or regular mailed any of this. It's been done via email only.

What do I do now? I don't know if he intends on using this date and he is not affording me the courtesy he would afford another attorney.

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Motion to Quash
by: Anonymous

Can I just continue to proceed with the case since the Defendant's attorney has not actually filed a motion to quash and has only threatened to do so?
Motion to Quash
by: FALDP Staff

Hi Kelly,

Please continue your research. This area can be technical, but you may be able to find case law and argument showing that since the other party responded, then service of process should not be quashed. Following is part of the Florida Statutes addressing service of process:

Chapter 48 - Florida Statutes -
PROCESS AND SERVICE OF PROCESS


48.031 Service of process generally; service of witness subpoenas.—
(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section.
Reply to Robert
by: Kelly

I want to try to win the Motion before filing a new summons as I don't want to give Defendant a new chance to answer differently.

Non-Lawyer, Forms Preparer
by: Robert Webb

Listen to your own comments, read your comments carefully, then prepare another set of papers and have a process server serve them immediately.

File the Notice of Service with your case. Never forget that the other persons attorney is not your friend, your confidant, or anything on your behalf.

All you are doing by communicating with him, is giving him more ammunition against you.

Remember, the legal system works on paper, not conversation.

The best advice I could give you, is trust no one, serve the papers a second time, and don't listen to anything the other persons attorney might say to you. Think yourself, who is paying the other guys attorney.

If you need an attorneys advice, then get your own attorney. Otherwise I fear that you'll get swallowed up in an endless sea of financial motions that attorneys can think up.

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Can an LLC represent itself in a civil court case

by Sam
(Orlando fl)

As the president and majority stock holder of an LLC can I represent the LLC.

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Pro Se LLC
by: Staff FALDP

Sam,
As far as we know, limited liability companies (LLCs) do not have majority stock holders, since they do not issue stock. We're guessing what you mean is that you are the Authorized Member - AMBR of an LLC, and want to appear in behalf of the LLC. In general, an LLC must be represented by an attorney in court. The only exception that we know of is Small Claims:

"Small Claims Rule 7.050 "Commencement of Action; Statement of Claim" That is the rule which allows most corporations to sign their own statement of claim. Later in that rule it states: "A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation."

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May a Florida irrevocable trust be pro se as a plaintiff in small claims court

by Thomas
(Jefferson)

May a Florida irrevocable trust be pro se as a plaintiff in small claims court

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How to notify court of pro se representation in florida

by Rosemary
(Los Angeles, CA)

My attorney no longer representing me, how do I notify the court of pro se representation in Florida?

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Notice of Pro Se Appearance
by: FALDP Staff

Hi Rosemary,
Good question, and one that we are hearing more and more. Depending on your county and circuit the rule on this may or may not be enforced. First, if you have terminated the services of your attorney or if he has resigned, he is supposed to file a paper to the court notifying the court and all parties that he is no longer attorney of record. Then you may need to file a Notice of Pro Se Appearance. Some counties may not be sticklers on this, others probably are. The following link takes you to a site with a sample form and format:

http://pro-se-litigate.blogspot.com/2010/08/florida-notice-of-appearance.html

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Filing pro se appearance in pre-trial conference traffic court

by Elaine
(Miami, Fl)

I'd like to be able to file a pro se appearance and request for trial at a pretrial conference so that I don't have to appear. I originally plead not guilty on a traffic accident matter and now they waste our time having us show up for a pretrial conference. It is far away from my house and I don't want to waste any more of my time. Can you please help me draw up such a document. I assume I have to file it with the Clerk of the Courts, but don't know the time. It is set for April 10th and it is now March 22nd.
Thanks

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Pro Se Court Appearance
by: Staff FALDP

Elaine,
This is not legal advice, this is practical pragmatic real world advice. Go to court. That pesky court date called, Pre-Trial Conference may just end the entire court action. Since you are obviously being accused of something or charged with something having plead not guilty, the Pre-Trial Conference is your day to try and get the matter settled. In criminal law, a Pre-Trial Conference is the day that plea arrangements are entered and ordered by the judge. Traffic court is the same.

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Co-Plaintiffs and being Pro-Se

by Frank Vecchio
(Venice, Florida U.S.A.)

Can a husband and wife be co-plaintiffs and be pro-se in the same case??? If they can, what is the basis for this scenario (case law, statutes, etc.).

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Joinder of Parties
by: Staff FALDP

Dear Frank,

Here is the federal rule - Federal Rules of Civil Procedure. Florida Rules are almost always similar or identical:

Rule 19. Required Joinder of Parties

"(a) Persons Required to Be Joined if Feasible.

(1) Required Party. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if:

(A) in that person's absence, the court cannot accord complete relief among existing parties; or

(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person's absence may:

(i) as a practical matter impair or impede the person's ability to protect the interest; or

(ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.


Please continue your research, you may be able to use this information as a starting point.

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My lawyer withdrew from my case and I need help to move forward.

by Miguel
(Morgantown, WV)

I am the Plaintiff at a whistle blower case, which is at the discovery phase, and I am out of Miami where the case is been heard at.

Can I make request to the other party, like a questionnaire? Or request the other party for production of certain documents?


Can I depose a witness via phone?

How can I send a questionnaire to a person(s) and have his/her answers as a valid instrument at trial?

What are the next steps after discovery?

Can I ask the court for a summary judgement in my favor?

How can I make all the documents that support my claim valid in a trial, or how can I make my evidence admissible at trial?

How can I send a questionnaire to the other party?

Can I send a questionnaire to be responded by an specific person at my former employer's?

Miguel

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Questions about discovery
by: Judi

Hi Miguel,
I'm not an attorney, but I will do my best to answer your procedural questions. Please use my suggestions as a starting point for your own research. You may want to try and find another attorney, as this type of litigation can be very complicated.

Yes, you can send the other party interrogatories; and also a request to produce documents.

There is a format for interrogatories. Try to find a sample set of interrogatories to use as a guide, and then tailor the questions to your own needs.

After discovery you might go to a pre-trial conference; case management conference, mediation, it depends.

Yes, you can file a motion for summary judgment.

Look up the following rule regarding discovery:

RULE 1.340 INTERROGATORIES TO PARTIES

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I need your help - Pro Se

by Nikki
(Lake Wales, FL)

How do I tell the court that I've run out of money with my current attorney and I need to go Pro se?
Need that form....

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Termination of Counsel
by: Staff

Hi Nikki,
Your attorney is supposed to file notice with the court that he is no longer representing you. If you are not in contact with that attorney now, send him a letter terminating his services. And put a copy of it in the court file. Some counties may also require you to file a Notice of Pro Se Appearance.

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Pro Se Attorney Fees

by Ken
(Sternfeld)

Can the prevailing party represented Pro Se be awarded attorney fees under 57.105 if it can be proved that the case was brought for improper purposes. What case studies support that collection of fees if any. Thank You

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Pro Se Attorney Fees - FS 57.105
by: FALDP Staff

Florida Statute 57.105 is a method to have attorney fees paid when opposing counsel or party files a frivolous claim:

"57.105 Attorney’s fee; sanctions for raising unsupported claims or defenses; exceptions; service of motions; damages for delay of litigation.—
(1) Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:"

A laundry list of possibilities follows in the statutes. However, as far as we know, a pro se litigant cannot be awarded attorney fees when acting pro se. The very reason is that he is pro se -- there are no attorney fees. However, other types of damages may be available, particularly actual damages.

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Pro Se Filing of Appearance

I am involved in a civil suit as a defendant where I was represented by counsel but have been reduced to self defense per the financial drain of the case. I have prepared a motion for dismissal. Do I need file for appearance or does my involvement as a defendant serve sufficient? In regard to my motion, is mailing to county clerk sufficient as being filed, (it is inclusive of cover sheet and certificate of service by email/USPS to Plaintifs)? Thanks so much!

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CONDO PRESIDENT
by: VERONICA

This condominium is a no pet association all owners sign and agree to follow the rules upon purchase.
Notice of Pro Se Appearance
by: Staff FALDP

The rules may vary slightly circuit to circuit. Your former attorney should have noticed the court that he is no longer representing you. If you're not sure if he did and to avoid confusion, it is best in your situation to file a Notice of Pro Se Appearance. As far as filing through the mail, that is perfectly acceptable. You may want to contact the clerk of court in advance for any specific instructions or unique address to mail to.

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Self representation

by cynthia
(boynton beach, fl)

I have been in a case where my ex husband stopped paying alimony and was in contempt for a few items as per our divorce agreement. He has since died. The case is still ongoing with his daughter as personal representative. My attorney can no longer represent me due to his health. I wish to represent myself as my health is in question and I do not have money to afford an attorney. What papers do I need to file to represent myself?

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Notice of Pro Se Appearance
by: Staff FALDP

Hi Cynthia,
Your former attorney is supposed to file a document stating that he has withdrawn as counsel of record. After he does that, you file a Notice of Pro Se Appearance. And, like any document filed in a court case, you must also notice the other party.

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Pro se

by C.Kirker
(Kissimmee, FL)

Contested divorce filed,with property, no minor children, mediated (unsuccessful) and a final court date set, all done with a lawyer, now cannot afford lawyer anymore, so let him go...HOW AT THIS POINT DO I MAKE MYSELF OFFICIALLY PRO SE IN MY DIVORCE CASE? Is there a procedure, forms to fill in or do I just go to court on day of hearing and state I am "pro se"?

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Notice of Pro Se
by: Michael Wappler, Legal Eagle Paralegal Nonlawyers

Hi, I would call the Court Clerk and ask if there is a local form for Notice of Proceeding Pro Se, if not, consider contacting the Judicial Assistant and letting the assistant know, by letter or phone, and the attorney for opposite side know by letter. You may want to set up a designated email and indicate to the opposing party you have a designated email, it could be your name.prose.@ whatever your provider is. Good luckK

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no legal representation

by ceceile
(miami florida)

I need to have a case that my lawyer withdrew from to be dismissed how do I do this as I have no representative as all the lawyers I have contacted said my case is too far along so they won't take it.

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Proceeding Pro Se
by: Staff FALDP

Ceceile,
Depending on the type of case and whether you are up to the challenge you may be able to proceed pro se. It sounds like you have little choice in the matter, if your attorney withdrew and you're not able to find another attorney to take your case.

The first thing to do is determine whether you have a clear understanding of the issues - substantive - the legalities of the case itself. Next find out what your procedural steps need to be. You didn't say what at what stage your case is, so it could be that you need to finish discover, request a case management conference, evidentiary hearing,or various other procedural steps to move your case along.

Depending on your case, a document preparer, may be able to assist you in preparing documents under your direction. Documents can explain procedure, timelines, etc., but may not give legal advice.

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Pro Se Filings

by Richard Leyton
(Jacksonville, FL, Duval)

Can i file a Pro Se Motion to Strike if i am being represented by counsel and they do not want to do it?

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Pro Se Filings
by: Sheila - Fundamental Legal Services, LLC.

Once an Order is entered in your case allowing your attorney to withdraw, you can immediately file your Motion.You will need to contact the Judge's Judicial Assistant to obtain dates available to set your Motion for hearing. You will also need to coordinate the hearing with the opposing counsel. Below is a link to the 19th Circuit family court in Florida for your reference.

http://www.circuit19.org/family/selfhelpfaq.html#6
Great Information
by: Richard

Thank you for taking the time to answer my question.

Would the Court hear the motion if it was filed days before the attorney representation was terminated?
Motion to Strike
by: Michael Legal Eagle Nonlawyers

No, and there is probably a reason. For more information on motions to strike, what they can be used for, what can and cannot be stricken, please check Orange County Bar Association's website.


Filing
by: Anonymous

Most legal dictionaries define the term "pro se" as someone who is self represented in a legal procedure without the aid of an attorney. Since you have hired an attorney you are not considered a Pro Se litigant.

If you have asked your attorney to file a specific motion and he/she will not do so, in order to file it as a Pro Se litigant, you will have to ask your attorney to withdraw from your case. Once you receive an Order from the Judge allowing your attorney to withdraw, you at that time can file your Motion Pro Se.

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HELP!! How do you file a complaint about your attorney?

by Susan
(Daytona Beach, FL)

What is the process to file a malpractice complaint against your attorney, when you represent yourself in a case? Does the court get the complaint, that you are currently being represented within? Or does the Bar Association receive the complaint?
Please help direct me in the right direction of how I go about filing a pro se malpractice complaint against my attorney.
Thanks!

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Fraud on the Court
by: Anonymous

You right about the response from the Florida Bar. My former attorney admittedly stated in an email to opposing counsel that there was omission in my documents (prepared by my former attorney) and i contacted the FLORIDA Bar on 3 occasions and was told that there was nothing ethically wrong with her actions. They stated that this was not something that they would be willing to assist with and that it was a civil matter.

Now, i am a pro se as i sought recourse through the Federal Court of Florida for the perpetration of Fraud on the Court by the 4 judicial officers that were involved in that case. I was forced to become a pro se as no legal representation was possible through the 31 attempts that i made at securing counsel. Neither, was i able to gain assistance through the governing bodies (JQC, IG, State Attorney, etc.).

Bar Complaint
by: FALDP Staff

Hi Susan,
The first place to go is the Florida Bar. www.florida.org . Depending on the nature of the complaint they may or may not be able to help, but you should probably start with them anyway. The Florida Bar may tell you that they cannot help and that you need to sue in civil court.

Here is a consumer pamphlet on the Florida Bar's site - https://www.floridabar.org/public/consumer/pamphlet020/

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Determining Indigence

by Bethea
(Florida)

How does a Court determine if someone is eligible to file for indigence in a case? What all is taken into account with the determination? Are all fees and fines waived if a person is considered to be indigent?

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Determination of Indigent Status
by: FALDP Staff

Bethea,
Indigent status is determined by the clerk of court based on the information you provide on a form called - Application for Determination of Civil Indigent Status. If you are denied you have the right to a hearing in front of a judge. If you're considered indigent, your court filing fees, fee for a summons, and service of process fees are waived. You asked about fines, but civil indigent status does not generally apply to fines. Read more on this site - https://www.faldp.org/civil-indigent.html - and you can also download the form from that page. See Florida Statute 57.082 to learn more.

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Can a Clerk deny indigent status to someone with an eviction?

by Betty
(Pensacola, FL)

If someone has received an eviction notice and doesn’t have the money to answer to the eviction in court, can a Clerk deny that person indigent status due to the nature of the case being an eviction?

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E-filing for Pro Se Litigants

by Donald
(Tallahassee, FL)

What is the procedure for pro se litigants to file electronically for indigent status? What access to filing documents online, via ‘e-filing’, do pro se litigants have in a Florida case?

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NON ATTORNEY PRO SE LITIGANT

by Thurman
(New Smyrna Beach, FL)

RIGHT TO COLLECT FEES FOR LEGAL EFFORT IN SMALL CLAIMS COURT. I have spent hundreds of hours on my issue.

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In Regards to receive legal fess
by: Anonymous

Hello,

I am not an attorney. I am a pro se litigant. This is my opinion and is not a legal advise. Pro se do not qualify for legal fess or attorneys fees because we are not people of law or attorneys. HOWEVER< we do qualify for damages, therefore, when you claim your damages, make sure you include the time spend in your litigation, the loss of consortia, enjoyment, happiness, etc. ADD up what you consider under attorneys fees to your damages.
Legal fees for pro se litigant
by: FALDP Staff

Thurman,
As far as we know, and have seen, the answer is NO. You cannot collect legal fees for your own efforts, because you are not an attorney. However, if you paid for an attorney consultation, you can request fees for that. Also, if you paid for clerical services, research, or other out of pocket money spent directly related to your case, you can request that as well.

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Confused

by Willene
(Kansas)

My husband filed for divorce in Tampa FL..we both moved to Kansas and he said he would drop it. Well he moved out with another woman again and says he wants a divorce..he is using same lawyer from Fl..I was sent an email saying we have mediation next month in FL...he's military I don't know what to do..we have two kids one biological child together.

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thank you
by: Anonymous

My kids are here..he is here too..he moved out six months ago
What to do
by: Anonymous

Contact the adjacent's office in the military branch of service that you husband is serving.

They will make sure you get child support immediately and make step in and help you set up a telephonic mediation.

It would help if the kids are still with you in
Kansas.

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Civil Indigence

by Barton
(FL)

How does one know if they qualify for civil indigent status?

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Qualifying for Civil Indigent Status
by: Judith Byrd

As the other person who responded stated, the Court is the place that determines if you qualify. However there is one directive that doesn't work in my County. Although the questions are identical, here they do not accept the online Application form. To apply in Highlands County, a person has to complete the County's own version of the form, so when you decide to do this, be sure to ask at your local Clerk's office if they have a form of their own. No point in doubling your work for nothing. There is no charge for the forms.
Eligibility for Indigent Status
by: FALDP Staff

Hi Barton,
Civil indigent status is a determination made by the clerk of court. To apply, you submit a form called = an Application for Determination of Civil Indigent Status - when you file your court documents. You can find that form along with the income guidelines on our site - here:
https://www.faldp.org/civil-indigent.html

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Family court pro se filing and section 4

by Tim
(Palm Beadh )

Working Pro se in 15th District of Palm Beach, divisional instructions and state statutes provision the pro se litigant with certain equal rights and treatment as attorneys. Setting of hearings, however, has been forbidden, I have found, thereby putting my motions at the time or inclination of the judge - and not first come, first served, per divisional instruction. Moreover, opposing counsel has misrepresented to the court compliance to section 4, settlers by hearings without prior notice nor any consult.

Even more disconcerting, urgent ex parte filings go unanswered by the court and this has been for more than a month's time.

During a hearing the judge refused to listen to issues around section 4, saying to "file a motion." Yet a motion sent prior to this hearing in fact called attention to the violation of section 4 and to the unequal footing of the pro se, in not being permitted to set UMCs.

Given the above, have I grounds to stop and move this case to another judge or even district, and/or other avenues to ensure my rights, assets, etc. are protected and restoreable as we wait months for setting of a final hearing?

This is a short term marriage with Prenuptial agreement and it is by my claims being made unnecessarily vexed by the Wife and her counsel, while this is propounded by the court itself.

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15th Judicial
by: Anonymous

Unfortunately, that's what is happening to many pro se individuals and why I am so happy to be a member of FALDP to help bring light to issues like yours. FALDP provides information and resources on the website and I hope you continue to take advantage of them. You have the right to access the legal system and the right to represent yourself.
Unfortunately...
by: Anonymous

Thanks Anonymous. The problem is the judge, pro se desk and JA all refused to permit me pro se to set any hearings. I was told this is at discretion of judge - yet any attorney can set UMCs and motion for other hearings. This is violation of due process, denying pro se the powers to manage their own case and the first come courtesies of seeking a UMC to seek formal hearing.

I'll tell you what, FL family court is unconstitutional, first off, and further it is prejudicial vs. pro se litigants. Moreover the entire system statewide is essentially and literally rigged - rigged to foment puffery by $300+ hour attorneys in what is an unregulated, close knit industry of profiteering without consequence to neither attorneys, they Bar nor the judges themselves.

Lawyers, Judges: You a frightful lot. How the many of you sleep nights in good conscience confounds not just me, but your peers and countless citizens.

My wish and eventually my work, once I find the angle and means, is to pop your balloon of manipulation and creating a frenzy round the simplest of cases and matters in them. Egregious. Simply egregious. And it has nothing to do with "the system is complex" or "get an attorney" or other lip service. You've constructed an inscrutable and inveigling shell game.

Shame of you who perpetuate it. Shame on you.
15th Judicial
by: Anonymous

Tim-

Unfortunately in the 15th Judicial Circuit, pro se litigants have to call the case manager to set hearings on their motions. The Judicial Assistants will not talk to pro se litigants and Judges will not accept correspondence from pro se litigants even if the correspondence has been cc'd to opposing counsel. Many times, Judges will not rule on any pro se motion if the proper form has not been used.

Go to:

http://15thcircuit.co.palm-beach.fl.us/

Click on Judges and Magistrates at the top of the page. Then click on the Judge who is overseeing your case. Read his/her divisional instructions. There is a section for pro se litigants and who they should contact to set hearings.

Hope this helps.

Sheila Smith
Fundamental Document Services, LLC.
fundamentaldocs@gmail.com

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