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pro se

Pro se is Latin for "for oneself" or "on one's own behalf." A litigant who proceeds without legal representation is said to be proceeding pro se. Under 28 U.S.C. § 1654 , all parties in federal court have the right to represent themselves. However, states may impose reasonable restrictions on self-representation in civil and appellate proceedings , provided such limits do not violate due process rights.

In criminal cases , the Sixth Amendment guarantees the right to representation or self-representation at trial . In Faretta v. California, 422 U.S. 806 (1975) , the Supreme Court held that a defendant may refuse counsel and proceed pro se, as long as the decision is made voluntarily and intelligently. A court may not force counsel upon an unwilling defendant, though standby counsel may be appointed to assist with courtroom procedures . This right to self-representation does not extend to appeals of criminal convictions . In Martinez v. Court of App. of Cal., Fourth App. Dist., 528 U.S. 152 (2000) , the Court held that states may require representation by counsel on appeal.

A waiver of the right to counsel in criminal proceedings must be knowing, voluntary, and intelligent. The Court in Faretta emphasized that while a defendant need not have formal legal training, they must understand the risks of self-representation. In Iowa v. Tovar, 541 U.S. 77 (2004) , the Court clarified that the validity of a waiver depends on case-specific factors, including the defendant's education, the complexity of the charges, and the stage of the proceedings.

[Last reviewed in July of 2025 by the Wex Definitions Team
] 

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