Legal Question in Civil Litigation in California
case management statement
My husband and I are plaintiffs in lawsuit. I am filling out the Case
Management Statement and need help on the item for ''trial
preparation'' on form CM110. What I need to convey is that we are
in pro per, but my husband wants me to represent both of us or ''do
all the talking''. Can I represent us as a couple (the complaint is
both of ours) and if so how do I show that on this form? It clearly
states that each party needs to answer trial preparation questions.
Do we each need to fill out the form or the page the question is on
separately?
Yes I have researched court rules and I am sure we have the
correct form.
2 Answers from Attorneys
Re: case management statement
You cannot represent your husband if you're in pro per. I don't think the court would make an issue of it if you were to fill out one questionnaire, as long as both of your names are in the body of the questionnaire as trial counsel. Nevertheless, if you both have the same knowledge of the event of which you complain, the stronger witness of the two of you should testify, and you can decide who will act as counsel. If your husband has something to ask at trial, he should be afforded the opportunity to do so, however.
Re: case management statement
You cannot represent both of you. Only an attorney can represent another in court. You each need to file a form.