Going to court without a lawyer in Puerto Rico: what self-representation requires, and what you will not be given

Self-representation is appearing before the court defending your own interests without a lawyer. It can be requested before or during the judicial proceeding. If the proceeding has already begun, beyond meeting the four general requirements you must ask the court for authorization, and that request carries two additional demands: making it timely — meaning that, given when it is filed, it causes no delays, holdups, potential interruptions or any negative effect on the sound administration of justice, a determination the court makes — and making it expressly and unequivocally, without any doubt, stating to the court your interest in beginning to represent yourself.

The four requirements the Judiciary publishes are: not being represented by a lawyer; making the decision to self-represent voluntarily and intelligently, fully aware of the responsibility it carries and that you will be treated like any other party represented by counsel; being able to represent yourself adequately, given how complicated the controversy before the court is; and having the minimum knowledge needed to defend your interests, comply with the rules of procedure — the rules setting out how the proceeding unfolds, such as the Rules of Civil Procedure and the Rules of Evidence — and present the applicable substantive law, which is the legal basis for the claim. To this is added that self-representation must not cause undue delay or interruption of the proceedings nor offend the dignity of the court, the parties or their lawyers.

• Not being represented by a lawyer.Verified against the official source
• Making the decision voluntarily and intelligently, fully aware of the responsibility it carries and that you will be treated like any other party represented by counsel.Verified against the official source
• Being able to represent yourself adequately, given how complicated the controversy before the court is.Verified against the official source
• Having the minimum knowledge needed to defend your interests, comply with the rules of procedure — Rules of Civil Procedure, Rules of Evidence, among others — and present the applicable substantive law.Verified against the official source
• That self-representation not cause undue delay or interruption of the proceedings nor offend the dignity of the court, the parties or their lawyers.Verified against the official source
• If the proceeding has already begun: requesting authorization timely, so it causes no delays, holdups, potential interruptions or any negative effect on the sound administration of justice, and doing so expressly and unequivocally before the court.Verified against the official source

• The Judiciary’s page on self-representation publishes no document list: what it requires is an express request to the court when the proceeding has already begun.

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   Step 1: Size up the controversy before deciding

   One of the four requirements is being able to represent yourself adequately given how complicated the controversy before the court is. It is not a formality: the court evaluates it, and a complex case may not be a case to self-represent in, even if you want to.

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   Step 2: Know what knowledge will be expected of you

   You need the minimum knowledge for three separate things: defending your interests; complying with the rules of procedure, the rules setting out how proceedings unfold before the court — the Rules of Civil Procedure and the Rules of Evidence, for example; and presenting the applicable substantive law, the legal basis for your claim. They are three separate things and the court treats them as such.

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   Step 3: If the case has begun, ask in time and without ambiguity

   It can be requested before or during the proceeding. If it has already begun, beyond the general requirements you must ask the court for authorization, and that request must be timely — so that, given when it is filed, it causes no delays, holdups, potential interruptions or any negative effect on the sound administration of justice, a determination the court makes — and express and unequivocal, without any doubt, stating your interest in beginning to represent yourself.

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   Step 4: Count on the judge not teaching you

   If you choose to self-represent, the judge presiding is not obliged to instruct or orient you on the laws or the rules of judicial procedure, nor obliged to appoint lawyers to advise you during the process. And you are subject to the same procedural demands lawyers must meet: as a party, the court will treat you like any party with legal representation.

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   Step 5: Permission can be lost midway

   The judge will make sure you meet these requirements throughout the process, not only at the start. Failing any of them is just cause for the court to suspend your permission to self-represent, and if that happens it will order you to appear represented by a lawyer within a set period.

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   Step 6: Use the Pro Se Centers: that is what they are for

   For guidance from staff you can visit, call or email the Pro Se Center of the judicial region matching your place of residence, or the nearest one. You can also contact the Judiciary’s Information Line at (787) 641-6263, from which your query will be channelled to Pro Se Center staff.

The self-representation request, before the court handling the case. For guidance, the Pro Se Center of your judicial region or the nearest one, and the Judiciary’s Information Line at (787) 641-6263.

• Believing the judge will explain the rules: they are not obliged to instruct or orient you on the law or procedure.
• Expecting a lawyer to be appointed to advise you while you self-represent: they are not obliged to do that either.
• Thinking you will be held to a lower standard: you are subject to the same procedural rules as lawyers.
• Asking to self-represent late, when it can already cause delay: the request must be timely, and the court decides that.
• Hinting at it rather than requesting it: the request must be express and unequivocal.
• Assuming the permission is permanent: the judge checks the requirements throughout and can suspend it.
• Not using your region’s Pro Se Center: it guides the public and is where the Information Line, (787) 641-6263, channels queries.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Judiciary — Your day in court

  Poder Judicial

  poderjudicial.pr