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Pro se Litigant

This part of the website is for you only if you have already, independently, made a decision based on your own reasons to proceed on your own in any situation involving any man, woman, agent, employee, officer, official, person or administrative agency of any state or the United States to:

1. Initiate or respond to any administrative action or procedure.

2. File or respond to a civil action or lawsuit.

3. Respond to any complaint or investigation without assistance of counsel.

Many people distrust the local, city, county, state and federal governments; some with valid and some with invalid reasons. Most of these people are also skeptical of attorneys, the courts and the current legal process and have decided to handle matters regarding the law by themselves and even to go into court on their own, unrepresented by any retained or court appointed legal counsel.

People who go to court on their own, without the assistance of counsel are identified by a judge as appearing "pro se" meaning that the judge deems them to be representing themselves as the "person" named on the complaint.
In order for a pro se litigant to be successful in court he/she must actually be better prepared and informed than most attorneys! Why? Because all judges are attorneys and will generally hold a pro se litigant to a higher standard than the standard they apply to fellow attorneys. Why? The answer is simple. An attorney is an "officer of the court" a fellow "member of the club."
"An attorney at law is an officer in a court of justice who is employed by a party in a cause to manage the same for him. ... Clients are also called 'wards of the court' in regard to their relationship with their attorneys." Volume 7, section 2, pages 795-96, CORPUS JURIS SECUNDUM; Spilker v. Hankin, 188 F.2d 35, 37-38 (D.C. Cir. 1951).
Who does an attorney really work for?
"Thus, an attorney occupies a dual position which imposes dual obligations. His first duty is to the courts and the public, not to the client, and whenever the duties to his client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the latter." (Emphasis supplied.) Volume 7, section 4, pages 801-02, CORPUS JURIS SECUNDUM.
"While lawyers owe a duty to their clients, they owe a primary duty to the administration of justice. They profess to be, and they are, officers of the court. If it is their duty to their clients to wage a vigorous struggle, it is their duty also not to dissimulate." (Emphasis supplied.) Daniel v. Penrod Drilling Company, 303 F.Supp. 1056, 1059 (E.D. Louisiana 1975).
An attorney "never ceases to be an officer of the court when serving as a lawyer for a litigant." Katris v. Immigration & Naturalization Serv., 562 F.2d 866, 869 (2nd Cir. 1977).
In fact, attorneys can fail to investigate relevant facts; fail to prepare properly for a pretrial conference, the trial or for sentencing; make mistakes of fact and law; commit procedural errors such as missing deadlines for raising arguments or filing motions; fail to introduce exculpatory evidence and in fact provide ineffective assistance of counsel and not only get away with it but get paid simply for "representing" their client! See Strickland v. Washington, 466 U.S. 668 (1984).
A pro se litigant cannot be ineffective.

In response to the filing of any civil or criminal complaint against their client, an attorney's first response is generally to "plan a defense" unfortunately, in doing that, the attorney will presume that:
*  you need to formulate a defense against the facts leading to the complaint against you  (do you?);

*  the investigation leading to the charges filed against you was appropriate or legal          (was it?);
*  the charges are relevant to you (are they?);

*  plaintiff has a legitimate "cause of action upon which relief can be granted" against you  (really?);

*  you are in the appropriate court (are you?);
*  the grand jurors are your peers (are they?);
*  the judge is lawfully qualified to adjudicate the case in which you are called to answer as the defendant                                                                                                          (is he/she?); and,
*  the petit jurors are your peers and are qualified to judge your alleged acts (are they?).
(Do you know the correct answers to the above questions?)
In almost all games or sports in order to "win" you need to score at least one point. In order to score a point, you need to have an offense. With only a defense the best that you can hope for is a score of 0-0, a draw, which, of course, in any criminal court is a "win."
What if you were educated on how to implement a strategy based on procedure and "in law" that would allow you to effectively challenge the above stated (and possibly other) presumptions in such a manner that kept the court from establishing "personal jurisdiction" over you and moving to trial?

Such a strategy would be an "offense" strategy and could, quite possibly, keep you out of court altogether. Do you know how to implement such a strategy?
You can put procedure on your side, implement just such a strategy, and keep from ever making an "appearance" in court!

Only a man or woman (a "pro se litigant") can proffer a court an effective offense strategy, rebutting the above stated (and other) presumptions. No attorney will do it for you! They have not been educated in such matters.
The PMA can provide, privately, competent education for a "pro se litigant." Education on applicable law and procedure concerning a case in which you may find yourself a proper party or in which you are already involved (law that may surprise you).
In the event that you timely and effectively produce the proper law it may affect the court’s civil/criminal jurisdiction and procedure.

Pro se litigants have a tough time in both state and federal court for lack of knowledge about where they actually are and what they can or cannot do.

In order to be successful in court, a pro se litigant must be fully aware of the general and local rules of court, the rules of evidence, the Supplemental Rules for Certain Admiralty and Maritime Claims, time tables for raising arguments and filing motions, as well as having a thorough understanding of the law on which they stand (civil) or of which they are charged with violating (criminal) and the constitutional provision from which the law emanates.

To find a law, first check the index to the law. The index will reference where the law is found, show when the law was enacted, give a synopsis of the law, identify the site(s) to any amendment(s) and inform the reader of whether the law is still in force, has expired or been (in whole or in part) repealed. Each state has an index to its legislation, in Florida its called the FLORIDA STATUTES. The index to federal law is titled UNITED STATES CODE

It is common practice by prosecutors in most state and federal courts to cite only the code section as the law in dispute or allegedly violated.

Many laws that are codified as sections of state and federal codes are explained or implemented by regulations.

Each state has its own set of regulations, such as Florida's FLORIDA ADMINISTRATIVE CODE. Federal regulations are found in the CODE OF FEDERAL REGULATIONS; proposed federal regulations are published in the FEDERAL REGISTER.

In order to really understand a law, you must read the entire law as written and enacted (and amended) by the state legislature or the Congress.

Each state has one set of books wherein all its laws, in their entirety, are published; in Florida it is called the Laws of Florida; federal laws are published in the United States Statutes At Large.

In some cases, in order to fully understand a law you must also find out what the legislature or Congress intended to accomplish with the legislation. The intent of the law is a part of the law that is found in its "legislative history" the remarks regarding the bill or resolution made by its author and supporters as it traveled through the legislature or the Congress before its enactment into law. Legislative remarks are published in whatever record(s) the state legislature maintains for the state in which the law was passed; federally, those remarks are published in the Congressional Record.

Some “case law” - how juries or judges have applied a particular set of facts to a specific law - is generally necessary to win an argument in the current state and federal judicial systems.

Finally, there is SHEPARD'S CITATIONS, books found only in the law library or if you are fortunate enough to have Lexis or another computer-based program service for looking up a case. "Shepardizing a case" means determining if it, or any part of it, has been overturned or overruled and can no longer be replied upon as good law.

Unless you are fully prepared, having complete comprehension of all the above, knowledge of when and how to raise your argument or claim, file your motions or petitions and present your evidence you have very little chance of being successful in court regarding either a civil (other than small claims or family court) or criminal matter.

ACT Now PMA can provide education, research and secretarial service on applicable sections of The Law of NationsThe Constitution for the United States of America and The Bill of Rights; the Constitution of any of the 50 States of The United States of America; sections of United States Code and their implementing regulations; sections of any state code and their regulations; the legislative history and laws of the United States; the legislative history and laws of any of the 50 States; relevant state and federal cases; rules of court; rules of evidence and information on how to present evidence in order to help you win your case.

Pursuant to a private contract, ACT Now PMA can provide you with a copy of all of the above so that you can read, highlight, fully understand, draft and file your own administrative procedure, complaint, petition or motion and prosecute your own claim or protect yourself as a "pro se litigant."

You can put law and procedure on your side, implement just such a strategy, and keep from ever making an "appearance" in court!

A backup plan, if deemed necessary or as a precaution, can always be developed and proffered to the court by a defense attorney.

Did you know that there is a little used procedure that can even help you reverse a loss at trial?

Other questions to consider:

Is a UNITED STATES DISTRICT COURT part of the Judicial Branch/Department of the United States?

Why is "appearing" as the "defendant" in any STATE or UNITED STATES DISTRICT COURT just about the worst thing that you can do? 

Why is plaintiff styled "UNITED STATES OF AMERICA" in a UNITED STATES DISTRICT COURT in every case where the Laws of "the United States" are allegedly violated or when any agency of "the United States" is allegedly the injured party? 

Is there a difference between a "trial by jury" in a "District Court of the United States" and a "jury trial" in a "UNITED STATES DISTRICT COURT"? 

In a "jury trial" in a UNITED STATES DISTRICT COURT, does the jury decide the guilt or innocence of the party on trial, or is the jury there merely to give the appearance of a trial by jury or to "advise" the judge? 

Why can no judge in any state or federal court truly be an "impartial referee" by and between a plaintiff and defendant when plaintiff is the state or federal government? 

Are grand and petit jurors chosen by the court "your peers," people who are qualified to sit in judgment of you? 

Why is the state or federal constitution and laws made in pursuance thereof not the "governing law" in a UNITED STATES DISTRICT COURT? 

You need to know the correct answers to these and numerous other questions before making any "appearance" in any court. ACT Now PMA can provide you with that education and information. 

The PMA can provide, privately, competent education for a "pro se litigant." Education on applicable law and procedure concerning a case in which you may find yourself a proper party or in which you are already involved (law that may surprise you).

Please call or text John Ellis, 1-443-617-4103 for a complementary consultation to discuss your personal goals. It is available for anyone considering membership in ACT Now PMA and requesting "pro se" educational services.
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