While it is of course preferable for a defendant to have legal representation in these matters, the economics often makes it impossible. We note that a
pro se litigant in the Middle District of Alabama succeeded in staving off a summary judgment motion by the RIAA's legal team,which included the RIAA's top lawyer Richard Gabriel, in
Motown v. Liggins (see
Summary judgment below). In
Motown v. DePietro, in Philadelphia, a
pro se litigant defeated, for the time being, a summary judgment motion made by the RIAA. However, she may be facing a new discovery sanctions motion based on alleged spoliation of evidence.
The most important things a
pro se litigant should know about are as follows: (1) there is a
pro se clerk in every federal court house; you should go in and see the
pro se clerk for assistance in putting in your answer; (2) from the very outset you must make it clear that you are demanding a jury trial, and do not let anyone talk you out of demanding a jury trial; you must put a jury demand in your initial answer; (3) the RIAA's attempt to get your hard drive is invasive and improper, and you should not let it happen without safeguards; you should make a copy of the protecive order in
SONY v. Arellanes and show it to the judge; (4) the RIAA does not necessarily have the right to take depositions of your family members, and you should ask the judge for protection from that; (5) if there are any children 18 or younger involved, you should ask the judge to appoint a guardian ad litem to protect them, as was done in
Priority Records v. Brittany Chan, and the order should provide that the RIAA has to pay for the guardian ad litem fees; and (6) even though you are
pro se you can hire a lawyer to give you advice.
*Reprinted with permission of Ray Beckerman from http://info.riaalawsuits.us/howriaa.html updated March 31, 2007.