Legal Definitions - propria persona

The legal term propria persona (often abbreviated as pro per) refers to an individual who represents themselves in a legal proceeding without the assistance of a lawyer. This means they act "in their own person" rather than having an attorney speak or file documents on their behalf.

When someone chooses to proceed propria persona, they take on all the responsibilities typically handled by a lawyer, including understanding legal procedures, drafting documents, presenting arguments, and examining witnesses. Courts generally require that individuals making this choice do so knowingly and intelligently, understanding the potential disadvantages and complexities of navigating the legal system without professional legal training.

Here are some examples illustrating the concept of propria persona:

• Small Claims Court: Imagine a consumer who purchased a faulty appliance and is seeking a refund from the store. The appliance cost $500, and hiring a lawyer might cost more than that amount. The consumer decides to file a lawsuit in small claims court themselves and present their case directly to the judge.

  This demonstrates propria persona because the consumer is personally handling their legal claim and representing their own interests in court without hiring an attorney.

• Uncontested Divorce: A couple has mutually agreed on all terms of their divorce, including property division, spousal support, and child custody. To save on legal fees, one or both spouses decide to complete and file all the necessary court paperwork themselves and attend any required hearings without legal counsel.

  This is an example of propria persona because the individuals are directly managing their divorce proceedings and interacting with the court on their own behalf, rather than through a lawyer.

• Minor Traffic Violation: A driver receives a speeding ticket and believes there was a mistake regarding the posted speed limit. Instead of hiring a traffic attorney, the driver chooses to appear in court themselves, present their argument, and question the ticketing officer.

  Here, the driver is acting propria persona by personally defending themselves against the traffic charge and engaging directly with the court system without legal representation.