Pro Bono Attorneys Deskbook

 Proposed Rule 88.09

Proposed Rule 88.09 — Litigant Education & Use of Forms

Every person not represented by counsel who participates in a proceeding for dissolution of marriage, legal separation, parentage or the modification of a judgment in any such proceeding shall:

(a) complete a litigant awareness program that includes an explanation of the risks and responsibilities of self representation, unless waived by the court. The awareness program authorized by this rule shall be approved by the Pro Se Commission, but each circuit may determine the manner and means by which the training shall be provided and the proof of compliance; and

(b) use the pleadings, forms, and proposed judgment approved by the Pro Se Commission. These forms shall be accepted by the courts of this state, unless disapproved or superseded by this Court.

COMMENT:
Rule 88.09(b) does not require that the Commission approved pleadings, forms and proposed judgment be
used when a pro se litigant is assisted by an attorney in the preparation of the documents. However, the
assisting attorney should comply with the requirement of Rule 55.03(a) requiring that the document include
the notation “Prepared with Assistance of Counsel” with the attorney’s name, address and bar number so that
the court, clerk and other parties are informed that an attorney has assisted in the preparation of the
documents.

The approved forms may also be used by attorneys. Use of these forms does not assure sufficiency of the
pleadings.