Duties of the Judicial System to the Pro Se Litigant
Alaska courts have assisted unrepresented litigants in civil cases, explaining procedural technicalities to pro se litigants and applying more lenient standards to pro se pleadings. Although the origin of this policy is unclear, the Alaska Supreme Court in Breck v. Ulmer held that the trial court sh...
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ftdukeunivlaw:oai:scholarship.law.duke.edu:alr-1365 2023-05-15T13:08:49+02:00 Duties of the Judicial System to the Pro Se Litigant Andrews, Mark 2013-12-01T08:00:00Z application/pdf https://scholarship.law.duke.edu/alr/vol30/iss2/3 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1365&context=alr unknown Duke University School of Law https://scholarship.law.duke.edu/alr/vol30/iss2/3 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1365&context=alr Alaska Law Review Law text 2013 ftdukeunivlaw 2023-01-23T21:14:48Z Alaska courts have assisted unrepresented litigants in civil cases, explaining procedural technicalities to pro se litigants and applying more lenient standards to pro se pleadings. Although the origin of this policy is unclear, the Alaska Supreme Court in Breck v. Ulmer held that the trial court should advise pro se litigants of procedural requirements and hold pro se litigants to less stringent standards than attorneys. However, two recent cases, Greenway v. Heathcott and Wagner v. Wagner, have complicated Alaska's policy by adopting different approaches regarding when a court should advise a pro se litigant of procedural requirements. This Article proposes that, based on the State's recognition of a constitutional right to represent oneself, Alaska courts apply a due process analysis to judicial duties toward self-represented litigants to ensure that courts consistently recognize and protect pro se litigants' interests. Text Alaska law review Alaska Duke Law School Scholarship Repository Ulmer ENVELOPE(-86.000,-86.000,-77.500,-77.500) |
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Duke Law School Scholarship Repository |
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Law |
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Law Andrews, Mark Duties of the Judicial System to the Pro Se Litigant |
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Law |
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Alaska courts have assisted unrepresented litigants in civil cases, explaining procedural technicalities to pro se litigants and applying more lenient standards to pro se pleadings. Although the origin of this policy is unclear, the Alaska Supreme Court in Breck v. Ulmer held that the trial court should advise pro se litigants of procedural requirements and hold pro se litigants to less stringent standards than attorneys. However, two recent cases, Greenway v. Heathcott and Wagner v. Wagner, have complicated Alaska's policy by adopting different approaches regarding when a court should advise a pro se litigant of procedural requirements. This Article proposes that, based on the State's recognition of a constitutional right to represent oneself, Alaska courts apply a due process analysis to judicial duties toward self-represented litigants to ensure that courts consistently recognize and protect pro se litigants' interests. |
format |
Text |
author |
Andrews, Mark |
author_facet |
Andrews, Mark |
author_sort |
Andrews, Mark |
title |
Duties of the Judicial System to the Pro Se Litigant |
title_short |
Duties of the Judicial System to the Pro Se Litigant |
title_full |
Duties of the Judicial System to the Pro Se Litigant |
title_fullStr |
Duties of the Judicial System to the Pro Se Litigant |
title_full_unstemmed |
Duties of the Judicial System to the Pro Se Litigant |
title_sort |
duties of the judicial system to the pro se litigant |
publisher |
Duke University School of Law |
publishDate |
2013 |
url |
https://scholarship.law.duke.edu/alr/vol30/iss2/3 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1365&context=alr |
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ENVELOPE(-86.000,-86.000,-77.500,-77.500) |
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Ulmer |
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Ulmer |
genre |
Alaska law review Alaska |
genre_facet |
Alaska law review Alaska |
op_source |
Alaska Law Review |
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https://scholarship.law.duke.edu/alr/vol30/iss2/3 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1365&context=alr |
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