Civ Pro - Pro Se Litigants (Judges)
Terms in this set (5)
3 points for Judges essay?
1. Explaining the process;
2. Effective questioning;
3. McKenzie Friends
How many suggestions are in the Idaho model?
Suggestions from the Idaho model
1. Ensuring that a party knows that they have the right to seek legal representation;
2. Explaining the process;
3. Explaining the elements;
4. Explaining that the party bringing the action has the burden to present evidence in support of the relief sought;
5. Explaining the kind of evidence that can be presented;
6. Checking that the party understands the process and procedure; and
7. Explaining the party's right to a McKenzie Friend and what the role of this person is.
What does Gamet v Blanchard say regarding explanations?
That they should be given in clear and non-technical language capable of being understood by a lay person.
What does Gamet v Blanchard say re questioning?
The overall role of the Judge is to 'ascertain the truth, not just play referee.'