Judicial Guidelines for Civil Cases with Self-Represented Litigants: Terminology

These guidelines provide statements of principle as well as suggested techniques for managing litigation with one or more self-represented parties.

Appropriate judicial responses to the challenges associated with self-represented litigants range from discretionary to mandatory. Accordingly, the Guidelines incorporate language and terms intended to reflect the range of appropriate responses:

• the use of “shall” or “must” signifies that compliance with the guideline is mandatory pursuant to the Code of Judicial Conduct, other court rules and standing orders, or governing case law;
• the use of “should” signifies that compliance with the guideline is advisable pursuant to the Code of Judicial Conduct, other court rules and standing orders, governing case law, or widely accepted best practices; and 
• the use of “may” signifies that compliance with the guideline is discretionary pursuant to the Code of Judicial Conduct, other court rules and standing orders, governing case law, or widely accepted best practices.