An Introduction to Successfully Filing a Motion Without a Lawyer

Navigating the legal system can be a daunting task, especially when you don’t have a lawyer. Whether you’re involved in a civil lawsuit, defending against criminal charges, or seeking post-conviction relief, it’s possible to file a motion without a lawyer. This guide will break down the steps you need to file a motion without a lawyer, empowering you to handle your case without representation.

The Right to Self-Representation

Before discussing how to file a motion without a lawyer, it’s important to understand your legal right to self-representation, particularly in criminal cases. The Sixth Amendment to the United States Constitution guarantees the right to legal counsel in criminal cases. However, it also recognizes your right to self-representation.

In the landmark case of Faretta v. California, 95 S.Ct. 2525 (1975), the U.S. Supreme Court affirmed that individuals have a constitutional right to represent themselves in criminal cases if they choose to do so. When you opt for self-representation in a criminal case, the court can, and may, appoint advisory or standby counsel. However, in a civil case there is no constitutional right to counsel. Therefore, if you don’t represent yourself, you will need to hire an attorney.

What is a Motion?

Before we dive into how to file a motion without a lawyer, it’s important to understand what a motion is. In legal terms, a motion is a formal request made to a court for a specific ruling or order. You can file a motion to ask the court to do something, such as: request to represent yourself in a criminal case, request a different court appointed lawyer, dismiss your case, modify an existing order, or compel the opposition to provide withheld evidence.

Motions are essential to the judicial process, and they allow individuals to seek redress from the court without needing a full trial. The procedure for filing a motion is fairly straightforward but can be complex if you’re unfamiliar with the legal language or court rules.

How Do You File a Motion Without a Lawyer?

If you already have an attorney assigned to your case, the court generally won’t accept a motion from anyone except the attorney of record. One exception to this general rule is where someone wants the court to assign a different attorney to their case. Another exception would include a motion to proceed pro se.

If you are not represented by an attorney, here are the steps self-representing individuals must follow to file a motion without a lawyer:

Step 1: Understand the Type of Motion You Need to File

The first step in filing a motion without a lawyer is identifying the type of motion you need to file. Common types of motions include:

a. Motion to Proceed Pro Per: This asks the court to allow you to represent yourself in a case.

b. Motion to Appoint New counsel: This asks the court to appoint you a new attorney.

c. Motion to Dismiss: This asks a court to dismiss a case because of a legal reason, such as lack of jurisdiction or failure to state a claim.

d. Motion for Summary Judgment: This asks the court to rule in your favor without a trial based on the facts of the case.

e. Motion for Continuance: This requests more time to prepare for an upcoming court proceeding.

f. Motion for Modification: This asks the court to change an existing order or ruling.

g. Motion for Discovery: This asks the court to compel the other party to provide certain evidence or information.

Each type of motion has its own specific type of requirements and legal argument. It’s crucial to understand which one best suits your needs. If you’re unsure, many courts provide general information on the types of motions that can be filed, and you might also consider doing a bit of research or asking court staff for guidance.

Step 2: Research the Court Rules

Each jurisdiction (whether state or federal) has its own set of rules and procedures for filing motions. These rules dictate how motions must be written, what information they must include, and how they must be filed. You’ll need to familiarize yourself with the specific rules of the court where your case is being heard.

To find these rules, visit your local courthouse’s website. There, you may find helpful guidelines for filing motions. Check if there is a self-help section that provides templates or guides. Look at the specific local rules for the court to determine things like deadlines, format, and page limits for motions.

Step 3: Write the Motion

When you file a motion without a lawyer, the document must be clear, concise, and properly formatted. Here’s what needs to be in a typical motion:

a. Title and Caption: Start with the case title (the names of the parties involved) and the case number, which you’ll find on the initial paperwork from your case. The title should identify the name of the motion, such as a “Motion to Dismiss” or “Motion for Summary Judgment.”

b. Introduction: Provide a brief introduction including your name and a concise statement explaining what the motion is asking the court to do. For example, “This motion respectfully requests the court appoint a different public defender.”

c. Statement of Facts: This is where you briefly describe the facts relevant to your motion. Be factual, precise, and avoid unnecessary details. If you are filing a motion for a new public defender, this section would outline why new representation is necessary.

d. Argument: This is the most critical part of the motion. Here, you need to provide legal arguments explaining why the court should rule in your favor. Cite relevant statutes, case law, or court rules supporting your request. If you don’t have legal expertise, you might rely on general legal information available online or at your local library.

e. Conclusion: In this section, summarize your request to the court. Restate why your motion should be granted. For example: “For the foregoing reasons, the undersigned respectfully requests that the court appoint new counsel.”

f. Certificate of Service: At the end of your motion, you must include a statement certifying a copy of the motion was sent to the opposing party. This is called a “certificate of service,” and it’s essential for ensuring everyone involved in the case is properly notified of your motion.

Step 4: File the Motion

Once you’ve written your motion, the next step is filing it with the court. This involves submitting your document to the court clerk’s office, which is a division of the court that handles the paperwork for cases. Filing requirements vary by jurisdiction, so check your court’s rules for specific instructions.

Some courts allow you to file documents electronically (e-filing), while others may require you to file in person or by mail. Be sure to follow the court’s procedures to avoid delays or mistakes.

When you file your motion, you may need to pay a filing fee. Fees vary in different courts, and vary according to the type of motion being filed. Generally, there isn’t any cost associated with filing criminal motions. After the initial filing fee for a civil case, there generally aren’t costs for filing most civil motions. If there is, and you’re unable to pay the fee, you can ask the court if you qualify for a fee waiver.

Step 5: Serve the Motion

After filing, you must serve the opposing party with a copy of your motion. Serving the motion notifies the opposing party of what you’re requesting from the court. There are several ways to serve motions, including by mail, personal service, or through a process server. Court rules will direct how service must be made.

You may be required to file proof of service with the court to show that the other party received your motion. Proof of service documentation serves as your evidence that the opposing party has been properly notified of your request.

In most instances, the opposing party is permitted an opportunity to respond to your motion. They may object or notify the court they have no objection to your request. Court rules establish how many days after service before any response is due.

Step 6: Wait for a Ruling

Once the motion has been filed and served, you’ll wait for the court to make a ruling. The judge will review your motion and any responses from the opposing party before issuing a decision. Depending on the nature of the motion, the judge might make a decision quickly or schedule a hearing for further discussion.

In some cases, the judge may issue a ruling based solely on the written submissions, while other motions may require a court hearing where both parties present arguments.

Step 7: Respond to the Court’s Decision

If the court grants your motion, you may need to take further action. If your motion is denied, you may have the option to appeal or file a different motion. The court’s ruling is final unless an appeal is filed within the specified time frame.

Successfully File a Motion Without a Lawyer and Win: Real Life Examples

If you know your case and can confidently present it to a judge or jury, you can have success, even without formal legal training. In my post, Cases Are Won Through Self-Representation, I identified several criminal and civil cases where individuals representing themselves were successful. These cases required motions to be filed without a lawyer.

One of the successful individuals identified was Stephen Karban, an Arizona prisoner and author of Arizona Department of Corrections: An Insider’s Look at Chaos and Corruption. Karban, a prisoner with no formal legal training, was issued a false disciplinary citation by corrections officer, Jacklyn Ostrander. After complaining about Ostrander’s behavior, the prison’s Deputy Warden, Vivian Baltierra, transferred him to another prison. Representing himself, Karban successfully sued Vivian Baltierra for the violation of his First Amendment Rights. Even while wearing a prison uniform, Karban secured a favorable verdict and financial judgment against Ms. Baltierra for her actions.

My Final Thoughts

Filing a motion without a lawyer is a feasible and empowering option for those willing to put in the time and effort . By following the steps outlined above, understanding the type of motion, researching court rules, writing a strong motion, filing it with the court, and serving it to the opposing party, you can navigate the legal process on your own. While it may seem intimidating, with the right resources and a clear understanding of the procedures, you can file a motion without a lawyer and take control of your case.

If you, or someone you know, will be representing themselves in either a criminal or civil matter, our books are crucial resources in the pursuit of justice. Purchase your copy today or on behalf of someone incarcerated.