QUESTION
Defendant wondering if they can file a pro se motion?
Asked on Aug 03rd, 2013 on Foreclosures - California
More details to this question:
We have an attorney, for the civil lawsuit we are in. He doesn't seem to be really interested in our case. He is not filing motions or sanctions that should be filed. Can we file them Pro Se?
3 ANSWERS
If you are represented, no you cannot.
Answered on Aug 09th, 2013 at 9:15 PM
You cannot file anything pro se while you still have an attorney of record. You can only appear yourself or through an attorney, not both. You would have to discharge your attorney and substitute yourself pro se before filing any motions on your own.
Answered on Aug 09th, 2013 at 9:15 PM
If this is in Wisconsin and you want to act pro se, ask your attorney to withdraw and you can approach the Court directly. If you have an atty, you are not allowed to do so.
Answered on Aug 09th, 2013 at 9:15 PM