New Definitions and Counting Rules For Cases with SRLs
The purpose of establishing a consistent approach to reporting cases with self-represented litigants (SRLs) is to allow comparative data to be produced within and among jurisdictions, facilitating the understanding of the nature and extent of self-representation in the state courts.
Following extensive consultation with state court constituents, case management system vendors, and subject matter experts, the NCSC recommends that state courts adopt the following definitions, counting rules, and reporting guidelines for cases involving self-represented litigants:
Definitions
Self-Represented Litigant: A person (party) who advocates on his or her own behalf before a court, rather than being represented by an attorney. These litigants are also known as pro se or pro per litigants.
Cases with Self-Represented Litigants: Legal cases in which one or more parties is self-represented.
Counting Rules
Unit of Count: The unit of count for cases with self-represented litigants is the legal case. A case with self-represented litigants should be counted as a single case, whether the case has one, two, or more self-represented litigants.
Point of Count: A case should be counted at the point of disposition of the case (i.e., entry of judgment or reopened disposition). State courts should count on a regular basis all disposed cases in which one or more parties was self-represented at any time during the life of the case. For plaintiffs/petitioners, the life of the case runs from filing to disposition; for defendants/respondents, the life of the case runs from arraignment/answer to disposition.
Reporting Guidelines
Minimum National-Level Reporting Guideline (Snapshot at Disposition): On a regular basis, but at least annually, state courts should count, by case type, the number of cases with self-represented litigants disposed during the reporting period. The report is a count of all cases disposed in which the legal representation status of one or more parties, however designated in a case management system, was indicated as self-represented at the end of the reporting period.
Optimal National-Level Reporting Guideline (Look Back at Disposition): On a regular basis, but at least annually, state courts should count, by case type, the number of cases with self-represented litigants disposed during the reporting period. The report is a count of all cases disposed in which the legal representation status of one or more parties, however designated in a case management system, was indicated as self-represented at any time during the life of the case.
Event-Level Reporting Guideline: On a regular basis, but at least annually, state courts should count, by case type, the number of events, by event type, in which one or more parties is self-represented. The report is a count of events, by case type and by event type, in which the legal representation status of one or more parties,however designated in a case management system, was indicated as self-represented. Some systems may be able to supply additional detail for this report by distinguishing whether plaintiff/petitioner, defendant/respondent, or both are self-represented at the event.