"Pro Se" and "Discovery"

[kmckenn]

Because of TIMING, I had been forced to file (Civil) suit in a Federal District court for and by myself. It was not my original intent to represent myself, but to date that has been the net effect. In researching this (new to me) "Pro Se" status, I have been very hard pressed to find anything stating in fact the authorities given a Pro Se litigant. I have seen stated that a Pro Se litigant has all the powers of any Lawyer/Attorney. The one thing that is still baffling me is "Discovery", I have been given conflicting information as to when I could demand/subpoena documents. On one hand I have been told I have that authority the moment I file suit, on the other I am told that I dont have that authority until the 26(f?) "Conference".

I have also been informed that before I can subpoena information, that I must first request/demand the information, and that only after refusal of that request/demand that the court will issues the/a subpoena. I can not find advise as to what form or content any such pre-subpoena request and/or demand should take.

HELP?

Kevin

 

[dcatz]

All the information that you've indicated that you're looking for is in the Federal Rules of Civil Procedure. Start there.
http://www.law.cornell.edu/rules/frcp/

You might want to think about getting representation now. There is too much information available for you to be confused at this point.

 

[kmckenn]

I have to apologize, I still can not find explicit reference to the conflicting information I have been given on when a/the Pro Se litigant has entitlment to discovery.

If this is too elementary "at this point", again, I apologize, I am not seeing it.

HELP?

Kevin

 

[dcatz]

No need for apology. No one is denigrating you. It's just that there can be a lot to absorb. Discovery can be a critical part of trial preparation. And litigation is not a place for on-the-job training.

You had the rights of an attorney from the moment you filed the case and identified the plaintiff as pro se. As to discovery, look at the Rules and look at Rule 26. Where they refer to "all unrepresented parties that have appeared in the case", that's you.

Understand what form the formal discovery demands should take, because you could make mistakes that are so basic that the other side doesn't have to respond to you. Informal demands/requests can take the form of a letter. But, again, it's suggested that you have an attorney doing this for you.

 

[badapple40]

You cannot subpoena records yourself, but you can submit discovery requests to the opposing party after the 26(f) conference, AND you can also subpoena other records by getting a subpoena duces tecum or subpoena from the clerks office. Pro se parties simply need to go through the clerks office for subpoenas, but otherwise act exactly like attorneys.

 

[kmckenn]

I have not proceeded "Pro Se" for any other reason than I needed to file suit in Federal Court before my right to do so expired. I THOUGHT I had an attorney that would represent me, but opt'd out at the last minute. I STUFFED a complaint in, just for the sake of getting one in. I am sure the complaint needs amended by someone competent.

To this point I have not had an attorney, so I am doing the best I can to represent myself unitl one happens along. I can not afford an attorney, and I am motioning the court to appoint one. I am assuming from all of my Perry Mason experience that I am entitled to legal counsel (he shrugs).

Kevin

 

[Quaere]

Sorry, I just came across this post today.

Because you are Pro Se, opposing counsel is not obligated to have a rule 26 conference with you. If you want to have the conference, ask defense counsel if they are interested in meeting. If so, hold off on discovery until after the meeting. If they do not want to have the conference, you may begin discovery now.

District Court’s vary greatly in their procedure for Pro Se subpoenas. If a clerk tells you to download a blank subpoena and issue it yourself, do not do so.

A subpoena that has not been signed by the clerk or another officer of the court, is NOT valid. It only takes a week or so to get some blank, signed and sealed subpoenas from the court. Call the clerk and ask them to issue you about twice as many as you anticipate needing.