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· 11/2/1982

John T. O'reilly, and Contemporary Mission, Inc. v. The New York Times Company

Citations

  • 692 F.2d 863
  • 1982 U.S. App. LEXIS 24359

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding a plaintiffs motion to proceed pro se to be timely, though filed after a notice of motion for summary judgment
  • noting that an order denying a motion to proceed pro se was conclusive because “[t]here [was] nothing to indicate that [the court]’s denial of [plaintiff]’s application [was] in any way tentative, informal, or incomplete” (internal quotation marks omitted)
  • describing a motion to proceed pro se by a civil litigant made “well before trial” as being asserted “in [a] timely fashion”
  • discussing circumstances to limit self- representation such as (i) timing and disruption of the case and (ii) hybrid representations, meaning the party wants to proceed pro se and be represented by an attorney simultaneously
  • “[A] party’s right to discharge counsel prior to trial and represent himself does not require any showing of inadequacy.”
  • “Thus, a party seeking 17 to assert [her] statutory right of self-representation must clearly and unequivocally discharge any 18 lawyer previously retained.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Friendly, Newman, Kearse

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.