Legal Definitions - pro per

The term pro per is an abbreviation of the Latin phrase in propria persona, which translates to "in one's own person." In a legal context, it refers to an individual who chooses to represent themselves in court without the assistance of a lawyer. This is also commonly known as acting pro se.

While individuals generally have the right to represent themselves, particularly in civil matters and as an implied right for criminal defendants under the Sixth Amendment, there are certain situations where this is not permitted. For instance, corporations typically cannot represent themselves pro per, and individuals acting pro per cannot initiate a class action lawsuit. A court may also deny the right to self-representation if the individual is deemed mentally incompetent, unable to follow court procedures, or cannot communicate effectively.

Here are a few examples illustrating the concept of acting pro per:

• Example 1: Small Claims Dispute

  Imagine Sarah lent her neighbor, Tom, $1,500 for a home repair, and Tom has failed to repay it. Sarah decides to sue Tom in small claims court to recover the money. Given the relatively small amount and the simplified procedures of small claims court, Sarah chooses not to hire an attorney. She prepares all her documents, presents her case to the judge, and questions Tom herself. In this scenario, Sarah is acting pro per because she is representing herself without legal counsel.

• Example 2: Uncontested Divorce Proceedings

  David and Maria have mutually agreed to divorce and have settled all aspects of their separation, including property division and child custody, outside of court. To save on legal fees, David decides to file the necessary paperwork with the court and navigate the procedural steps himself to finalize the divorce. He attends all required hearings and submits all documents without a lawyer. David is proceeding pro per, handling his own legal matter from start to finish.

• Example 3: Minor Traffic Violation Appeal

  After receiving a speeding ticket, Emily believes the radar gun used by the police officer was faulty and decides to appeal the citation. She researches traffic laws, gathers evidence, and prepares her arguments to present to the judge in traffic court. Rather than hiring a lawyer, Emily speaks on her own behalf during the appeal hearing, cross-examines the officer, and makes her closing statement. Emily is representing herself pro per in her attempt to challenge the traffic violation.