Pro Se Litigants and Summary Judgment

This articles argues that litigants should receive an extensive warning when they choose to proceed pro se, coupled with a packet explaining the basics of court procedure including summary judgment.  Because the packet would be prepared ahead of time and would not be individually tailored to each litigant, providing the packet would maintain judicial neutrality and, after an initial investment of time preparing the packet, spare judges the burden of providing individualized instruction.  At the same time, providing the packet would help guarantee that pro se litigants with meritorious claims have their meaningful day in court. 

Although this article focuses on the particular problems faced by pro se litigants in the summary judgment phase of federal litigation, many of the principles discussed are broadly applicable throughout the course of pro se litigation.  Similarly, although this article focuses on the difficulties pro se litigants face in the federal courts, many of the principles discussed are equally applicable to pro se proceedings in state courts.