Did you know that you do not need a lawyer to file a case in West Palm Beach probate court? That does not mean it is wise to go it alone, but you have the right. Did you know that a Florida appeals court can suspend your right to pro-se proceedings? That’s exactly what one litigant found out in this unfortunate case out of the Third District Court of Appeal.
Pro-Se Litigants
- Pro-se is a fancy (i.e. Latin) way of saying without an attorney.
- A pro-se litigant has all of the same right as a party in West Palm Beach probate court that has retained counsel.
- That being said a pro-se litigant is held to the same standard judicially as a represented party.
- If you abuse your right to pro-se litigation it can be suspended.
- Doesn’t that count as a denial of your due process because it limits access to the court?
- Not quite, because you can always retain a lawyer and go to court.
- Are you prepared to bring a pro-se West Palm Beach will contest?
- Experienced Palm Beach probate litigators know that this may not be wise – do you know why?
- Will contests have a very short statute of limitations, as short as 90 days.
- You have limited time to act and you want to act wisely.
- If you do choose to use the pro-se right, know that you can have it taken away when you start abusing it.
- Want to see how?
Weaver v. State of Florida
- This was a criminal appeal to the Third District Court of Appeals in Miami-Dade County.
- After being denied an appeal the court told the appellant to give them a reason why they should not suspend his pro-se rights, and he could not give them one.
- For that reason he has lost his right to bring pro-se appeals.
- Do you think this is fair?
- Keep in mind the court has limited resources and needs to balance the needs of everyone.
Want to learn more?
Check out the entire case by clicking here.