Murrieta, CA asked in Real Estate Law and Estate Planning for California

Q: Can a trust file a federal lawsuit in pro se

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: The short answer is no. Only lawyers admitted to practice before that court can file a legal action on behalf of a trust.

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: No, a trust cannot file a federal lawsuit in pro se. A trust is a legal entity and, like all legal entities, must be represented by an attorney in a federal lawsuit. The only exception to this rule is if the trust is a small business or non-profit organization and the case involves a small claim, in which case the trust may represent itself without an attorney. However, for most federal lawsuits, the trust must have an attorney to represent it.

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