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Legal Definitions - in propria persona
Definition of in propria persona
The term in propria persona is a Latin phrase meaning "for one's self." In a legal context, it refers to an individual who chooses to represent themselves in court without the assistance of a lawyer. This practice is also commonly known by the Latin term pro se.
While individuals have the right to represent themselves, it is crucial to understand that only natural persons (human beings) can appear in propria persona. Corporations, businesses, or other legal entities, even though they have legal rights and responsibilities, are not considered natural persons. Therefore, they cannot represent themselves and must always be represented by a licensed attorney in court proceedings.
When an individual represents themselves and files legal documents, they may sometimes include the shorthand "in pro per" under their name in the heading of the first page of their court papers, indicating their self-representation.
Here are some examples illustrating the application of in propria persona:
Example 1: Family Law Dispute
Maria decides to file for divorce from her husband. After researching the legal process and reviewing court forms, she prepares all the necessary paperwork herself and attends all court hearings without hiring an attorney. She presents her arguments directly to the judge regarding asset division and child custody. In this scenario, Maria is acting in propria persona because she is representing herself in a legal matter.Example 2: Small Claims Court
David hired a contractor to repair his roof, but the work was poorly done, causing further damage. The contractor refused to fix it or issue a refund. David decides to sue the contractor in small claims court to recover his losses. Given the relatively small amount of money involved, David chooses to research the court procedures, gather his evidence, and present his case to the judge himself. David is appearing in propria persona to seek compensation for the damages.Example 3: Challenging an Administrative Decision
Sarah believes she was unfairly denied a specific government benefit. After exhausting the initial administrative review process, she decides to appeal the decision to a higher administrative tribunal. Unable to afford a lawyer, Sarah meticulously prepares her appeal brief, compiles supporting documents, and presents her arguments during the hearing. By handling her own appeal and presenting her case directly, Sarah is proceeding in propria persona.
Simple Definition
In propria persona is a Latin phrase meaning "for one's self," used when an individual represents themselves in court without a lawyer, also known as "pro se." This right is reserved for individuals only, as entities like corporations must always be represented by an attorney.