Key Takeaway
Civil Court decision highlights inconsistency in how pro se litigants are treated under procedural rules, particularly regarding summary judgment motion deadlines.
Inconsistent Treatment of Pro Se Litigants in Civil Court
A recent Appellate Term decision has highlighted a fundamental inconsistency in how New York courts treat self-represented litigants. While courts routinely state that pro se parties are not entitled to greater rights than represented parties, the practical application of procedural rules suggests otherwise. This disconnect is particularly evident when examining summary judgment motion deadlines and other procedural requirements.
The tension becomes apparent when considering that pro se litigants receive certain accommodations—such as exemptions from filing Notices of Trial and access to special court parts—while simultaneously being told they have no greater rights than any other party. This raises important questions about the uniform application of procedural rules across all litigants.
Jason Tenenbaum’s Analysis:
Golden v Lynch, 2014 NY Slip Op 50663(U)(App. Term 2d Dept. 2014)
From the Appellate Term, Second Department today: “Although defendant claims that she was at a disadvantage because, as a self-represented litigant, she was not advised of various procedures, we note that a party’s status as a self-represented litigant does not entitle the party to greater rights than any other litigant (see Roundtree v Singh, 143 AD2d 995 ). ”
So how come Pro-Se’s do not have to file Notices of Trial? Why doesn’t the 120 day rule apply to them? Why are there special parts for pro-s? Anybody want to work on an Article 78 with me? I think I have it written in my head.
Key Takeaway
The Golden v Lynch decision exposes a significant contradiction in how courts handle pro se litigants. While appellate courts maintain that self-represented parties deserve no special procedural advantages, the reality is that many procedural rules—including critical motion deadlines—are applied differently to pro se litigants, creating an uneven playing field that may warrant legal challenge.