NCJ Number
164104
Journal
FJC (Federal Judicial Center) Directions Issue: 9 Dated: (June 1996) Pages: 1-4
Date Published
1996
Length
4 pages
Annotation
The U.S. Congress has enacted two statutes that will make significant changes in how Federal courts respond to suits filed by prisoners.
Abstract
The statutes are the Prison Litigation Reform Act (PLRA), which prescribes detailed procedures for handling prisoner civil rights cases; and the Antiterrorism and Effective Death Penalty Act, which includes a title on habeas corpus and a subtitle on mandatory victim restitution. Although not all pro se cases are brought by prisoners, a large proportion of them are. Thus, the requirements of the new statutes will directly affect how Federal courts process and dispose of much of their pro se caseload, adding to the challenge these cases already pose. Discussions regarding pro se litigation generally emphasize the burdens placed on judges and support staff by unrepresented litigants who are unfamiliar with rules and procedures for pursuing civil actions in the Federal courts. Some of the problems with pro se litigants are incomplete complaints or failure to file completed in forma pauperis forms and the filing of multiple motions that are often unclear. Other problems include determining whether and when a case may be dismissed as frivolous, obstacles to the efficient conduct of discovery and motion practice, and difficulties posed by the pro se litigant's lack of legal competence. A common assumption is that these litigants, particularly if they are inexperienced, may be less receptive to or less able to take advantage of settlement opportunities or alternative dispute resolution programs than litigants represented by counsel; for this and other reasons, pro se cases may take longer to reach disposition. It is critical that the Federal Judicial Center, the Judicial Conference, and the Administrative Office continue their efforts to identify, assess, and promote every promising avenue of response to the distinctive problems presented by pro se litigation, while seeking to ensure fairness and due process rights to unrepresented litigants. 7 notes