Hacker News new | ask | show | jobs
by tinalumfoil 1767 days ago
> a civil court cannot prohibit a party from having legal representation, which is what your comment seems to suggest.

> https://www.law.cornell.edu/rules/frcp

This is a good point for federal cases, but I meant my comment to cover civil action in state courts too. These are the courts that are most likely to affect someone's life. For instance in California small claims courts you are not allowed to be represented.

2 comments

That’s by design to make justice more accessible. IIRC, you can petition the judge to adjourn the case and move it to normal court.

Also, I believe in small claims as a defendant you can appoint an attorney to represent you. I sued a tow operator in small claims court and the dude who showed up was definitely an attorney.

> I sued a tow operator in small claims court and the dude who showed up was definitely an attorney.

That might be because you were suing a company, though. How would a company "represent itself"? Get the board of directors in?

Correct -- In many jurisdictions, corporations cannot proceed pro se. They must retain counsel.

As far as a company speaking for itself, a corporate representative is often designated to speak for and bind the company in any civil action.

See, e.g., Federal Rule 30(b)(6): https://www.law.cornell.edu/rules/frcp/rule_30

Lots of times they just send an executive. See the Uber civil cases.
Small claims courts have very limited powers though. They cannot impose any sanction except a small amount of remuneration.