Does moving to another state bar me from represent myself in the federal court?

[manhattan2]

What is the name of your state (only U.S. law)?
Kansas

I have a civil case in the federal court in Kansas that has survived motion to dismiss. However my lawyer is going to retire soon and I decide to continue with pro se. As I have moved to another state, my question is: Does moving to another state bar me from represent myself in the federal court?

 

[Ohiogal]

What is the name of your state (only U.S. law)?
Kansas

I have a civil case in the federal court in Kansas that has survived motion to dismiss. However my lawyer is going to retire soon and I decide to continue with pro se. As I have moved to another state, my question isoes moving to another state bar me from represent myself in the federal court?

No. But he who represents himself has a fool for a client. And if you are not an attorney to begin with, you are an even bigger fool.

 

[manhattan2]

No. But he who represents himself has a fool for a client. And if you are not an attorney to begin with, you are an even bigger fool.

Thanks for your reply. Are you sure pro se is not allowed once the party moves to another state? Could you give me a link to the law?

 

[Zigner]

Thanks for your reply. Are you sure pro se is not allowed once the party moves to another state? Could you give me a link to the law?

If you cannot understand your own question, then you have no hope in any court.

 

[manhattan2]

If you cannot understand your own question, then you have no hope in any court.

I can't afford a lawyer anyway. Why not try pro se? Nothing to lose. Please just answer my question. I appreciate it.

 

[Zigner]

I can't afford a lawyer anyway. Why not try pro se? Nothing to lose. Please just answer my question. I appreciate it.

Your first question was answered. Your second question is non-sensical based on the answer to the first.

 

[Just Blue]

Thanks for your reply. Are you sure pro se is not allowed once the party moves to another state? Could you give me a link to the law?

To clarify for you, due to the fact you can't understand the Attorney who already told you this:

Yes...YOU can continue Pro Se from what ever state you move to. Not a smart thing to do as you seem clueless...But YES you legally can do this.

Hire an attorney. For your own good do that.

 

[tranquility]

Thanks for your reply. Are you sure pro se is not allowed once the party moves to another state? Could you give me a link to the law?

I am uncertain as to the question as well. What was the reason you have federal jurisdiction? Are you worried about destroying diversity?

As to what could go wrong other than losing, federal judges and magistrates think quite highly of themselves and can get pissy with pro se litigants. What could go wrong? Sanctions. Measure of damages.

 

[manhattan2]

Your first question was answered. Your second question is non-sensical based on the answer to the first.

If the answer 'No' doesn't come with any reference or explanation, no one should take it seriously.

 

[Paul84]

Thanks for your reply. Are you sure pro se is not allowed once the party moves to another state? Could you give me a link to the law?

While living overseas, I've been acting pro se on a federal case in the U.S. for nearly two years. I've no legal training except what I read in books or online.

Once the case is underway and you've passed the jurisdictional requirements, location doesn't matter. However, if you've used a lawyer before and can still afford one, it might be better to find another to represent you. If you can show that you can no longer pay for representation, maybe you can petition the court to appoint a pro bono counsel to work for you.

 

[manhattan2]

Thank everyone above for providing suggestion. My lawyer is going to withdraw next week. If I need to find a new lawyer, how much time do I have? May I ask the court grant me a few months to locate a new lawyer? The reason I want to ask for that is that I should be more financially sound a few months later and hiring a lawyer is more realistic at that time. Thanks!

 

[tranquility]

Thank everyone above for providing suggestion. My lawyer is going to withdraw next week. If I need to find a new lawyer, how much time do I have? May I ask the court grant me a few months to locate a new lawyer? The reason I want to ask for that is that I should be more financially sound a few months later and hiring a lawyer is more realistic at that time. Thanks!

It depends. Is trial about to start? Or, heaven fore-fend, are you already in trial? Are you nearing discovery or other deadlines? It all depends on the facts. (Including why the attorney is disengaging.) But, the court is usually so happy if a person who lost a lawyer gets another one rather than go pro se, they will tend to be flexible in allowing time.

 

[manhattan2]

It depends. Is trial about to start? Or, heaven fore-fend, are you already in trial? Are you nearing discovery or other deadlines? It all depends on the facts. But, the court is usually so happy if a person who lost a lawyer gets another one rather than go pro se, they will tend to be flexible in allowing time.

My case's discovery is finished. The opposite lawyer is going to file a motion for summary judgement. Good to know that the court is likely to be flexible on the deadline for a pro se party to locate a new lawyer.

 

[tranquility]

My case's discovery is finished. The opposite lawyer is going to file a motion for summary judgement. Good to know that the court is likely to be flexible on the deadline for a pro se party to locate a new lawyer.

At such a critical stage, the court may not allow your attorney to remove himself until you get alternate representation. But, flexible is not accommodating. I would not mention the delay is in the hope the money train is coming in.

 

[manhattan2]

At such a critical stage, the court may not allow your attorney to remove himself until you get alternate representation. But, flexible is not accommodating. I would not mention the delay is in the hope the money train is coming in.

No wonder my lawyer implies that if I refuse to sign the content to withdrawal agreement he will file a motion to withdraw with the court and mention something in the motion that could jeopardize my case. I haven't signed the content to withdrawal agreement.
My lawyer is on contingency fee. My case is quite strong. But when he sees the opposite side has very deep pocket and is determined to make the suit linger as long as possible, he decides to quit. His incoming retirement is true. But his law firm has dozens of lawyers available to take over this case, but they may not be willing to represent me on contingency.