This memorandum raises questions about the operation of The Rules in cases involving self-represented litigants. The Committee’s position is that the same procedural requirements should apply to all persons who turn to the civil justice system for the resolution of legal issued. Self-represented litigants must understand that they are responsible for performing the tasks and carrying out the functions ordinarily required of professionally trained lawyers. Self-represented litigants will benefit from some of the Rules changes including simplifying legal procedures and making the Rules easier for everyone to understand. The Committee proposes very few changes to Part 1.1. No change is proposed to the basic policy of representation by a solicitor (Rule 5.2). While the right of self-representation is a given for most individuals, certain entities cannot self-represent and Rule 5.3 should clarify that the court has discretion to allow them to do so in appropriate circumstances. The Committee does not propose any change to Rule 5.4. With rare exception, self-represented litigants should not be subject to requirements that are different from or additional to those imposed on litigants who are represented by counsel, excused from meeting the procedural requirements that are imposed on litigants represented by counsel, or placed in a separate litigation stream.
Consultation Memoranda
Back to Publication SearchRules: Self-Represented Litigants, Consultation Memorandum 12.18
Resource Details
Publication No: | 12.18 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm01218.pdf |