Instructions For Persons Filing A Pro Se Petition: Fill & Download for Free

"Pro Se" desks for the d-i-y plaintiff are set up at many courthouses. They offer basic, free instructions on how to file a lawsuit.Most legal actions start out with a legal "Complaint" or a "Petition." You can follow the Pro Se instructions. But you will do a much better job if you read Complaints prepared by lawyers who won their cases.The original Complaints for lawsuits in your area are kept right at the courthouse. You can photocopy them for a modest fee. Many are electronically filed and are available on the internet in many states. Ask the Pro Se desk how to access court documents from your laptop. In New York, these documents are available from the New York State Unified Court System website. Court decisions are posted for all state cases.New York cases filed in the civil Supreme Court are posted on WebCivil Supreme and, locally, on WebCivil Local. You can access these cases as a Public User.If you want to sue someone for violating a state law -- defamation, for instance -- you usually sue them in state court.If you want to sue someone for violating a federal law -- the police for discrimination, for instance -- you usually sue them in federal court.If the person you are suing has a legal residence in a state different from you, you can also sue them in federal court.Westlaw and Lexis are available free at many court libraries. But the biggest resource for obtaining entire dockets, including the transcripts of oral arguments and hearings, is PACER. You need to register for an account; this can take a week or longer. It is worth the wait. PACER charges 10 cents a page. If you access any documents on PACER, you should save them locally so that you don't have to pay for them again.Lawyers are often wrong about the law. The lawyers always get paid. No American should have to suffer because they cannot afford legal representation -- the spirit, at least, behind Pro Se desks. If you understand the law and the relevant facts of your case, you can litigate yourself until you find a good lawyer to represent you -- which may be never.

In Utah, where I practice, the parents can petition the court to change the child’s name. It’s rather easy, as far as court proceedings go. You can hire an attorney to ensure you get through the process correctly, or try to take care of the process on your own pro se (meaning without an attorney).Here are the applicable code sections (bear in mind that, if you are divorced or unmarried without a court order determining custody of the child, you likely cannot unilaterally seek a name change without giving notice to the other parent of your intentions to seek a name change):Utah Code Section 42-1-1. By petition to district court -- Contents.Any natural person, desiring to change his name, may file a petition therefor in the district court of the county where he resides, setting forth:(1) The cause for which the change of name is sought.(2) The name proposed.(3) That he has been a bona fide resident of the county for the year immediately prior to the filing of the petition.Utah Code Section 42-1-2. Notice of hearing -- Order of change.The court shall order what, if any, notice shall be given of the hearing, and after the giving of such notice, if any, may order the change of name as requested, upon proof in open court of the allegations of the petition and that there exists proper cause for granting the same.Utah Code Section 42-1-3. Effect of proceedings.Such proceedings shall in no manner affect any legal action or proceeding then pending, or any right, title or interest whatsoever.————————————Even though this is all that the Utah Code provides, the Utah Courts website contains some other "requirements" that, although they are not required by the Utah Code, a court may ask about or require as a condition of obtaining the name change. Here is that website link:Instructions for Filing for a Name Change - Minor.Forms for a child name change through the Utah courts can also be found on the website.

You can pretty much file for anything without a lawyer. (Did you ever see someone in the news charged with capital murder waive the right to counsel and represent himself?) It’s best to have an attorney to at least ‘coach’ you on what to do, since going to Court without one can be like crossing a minefield without a metal detector.The first thing you need to figure out is which Court is the right one. If it’s a juvenile, incompetent or elderly person, you might want to start with your local family court.With many routine cases, the Clerk’s Office has forms you can complete and file. The forms are also available online in most localities. Some even have step by step instructions on what you need to do and who you need to serve with your Petition. Don’t forget to research the law (online or at your local law library) in your locality too.In the case of guardianship, the court may appoint an attorney to represent and protect the interests of the person you are seeking guardianship over. If you are taking guardianship over someone’s money or property, you may be required to file a civil bond and make periodic reports to the court about the status of asset.A guardianship can be a complicated proceeding, so even if you are doing it Pro Se, you might want to have a lawyer on ‘standby’ just in case something comes up that is over your pay grade!