Not exact matches
Put simply, these trial courts are faced with lengthy dockets with the pressure
of trying to complete them in a sitting, often litigated by
unrepresented defendants with little experience or knowledge
of the substantive and procedural law, some quite upset about the perceived injustice in their case, in a crowded courtroom with perhaps less than ideal staffing or facilities.
A sampling
of civil cases showed that in 68 %
of all civil cases, the
defendant is
unrepresented, while the plaintiff is not.
These proposals have delivered a cold shiver
of uncertainty for CILEx members who support injured persons to achieve restitution, and
defendants say that responding to
unrepresented and unsupported claimants will cause delay and confusion.
An order, under s 19 (1)
of the Prosecution
of Offences Act 1985, for costs incurred as a result
of an unnecessary or improper act or omission by or on behalf
of a prosecutor may be made to compensate an
unrepresented defendant for his own loss
of time in preparing his case and attending court.
The fervor with which they pursue their claim (often their life's sole focus, often misconceived, and often containing vexatious and extreme allegations against your client), and their lack
of objectivity, significantly increase the costs
of litigation for the
defendant...» (Layperson vs. Lawyer: Dealing with
Unrepresented Litigants http://www.cle.bc.ca/onlinestore/productdetails.aspx?cid=1039) Hmmm... sound familiar?
One anomaly
of Utah law is that debt collection plaintiffs can file their complaints electronically, but
unrepresented defendants must file their answers by mail.
Specific topics covered include the role
of the prosecutor,
defendant and justice
of the peace; the presumption
of innocence; proof beyond a reasonable doubt and findings
of credibility; elements
of an offence; guilty pleas to an offence charged or another offence; mens rea, strict liability and absolute liability offences; defences to regulatory charges, including due diligence, reasonable mistake
of fact and officially induced error; trial procedure; presentation
of evidence; rules
of evidence; the voir dire; dealing with the
unrepresented defendant; Charter applications; access to justice issues; paralegals and lawyers in the courtroom; requests for a bilingual trial; articulating reasons for judgment; delivery
of a judgment; sentencing; and trials
of young persons.
providing legally sufficient service
of court filings on other attorneys and
unrepresented parties to a court case (and, if and when authorized by law, service
of process on
defendants or respondents to establish the court's jurisdiction over them under principles
of due process
of law), and
[H] ow could an
unrepresented prisoner be expected to challenge the affidavit
of a hostile medical doctor (in this case really hostile since he's a
defendant in the plaintiff's suit) effectively?
The Ministry
of Justice refused to release its research on
unrepresented defendants in criminal courts.