Representing Yourself- but bed bound?

[BirdOPrey5]

I know you have a right to represent yourself in court and putting aside any reasons that may be a bad idea, I'm curious how that would work in my situation...

Due to a medical condition last year I was hospitalized for a long time and unfortunately for various reasons during this hospitalization I was left unable to walk... I've been bed bound since being released from the hospital and then rehab... I can't walk, can't stand, nor have I yet to find an agreeable wheel chair. I literally stay in my hospital bed in my home 24 hours a day and am unable to leave my livingroom, let alone my house.

If I was ever sued I have a fundamental right to represent myself... but I'm bed bound and can't leave my home- I may never be able to leave my home (though we hope one day I will be able to) but we don't know for sure.

How would I be able to defend myself if sued? I would think that with the protections of the Americans with Disabilities Act if not the Constitution itself I should still have this right despite not being physically able to attend court. As absurd as it sounds would they need to hold a trial in my home? Would they postpone any trial until I was medically able to leave my home? Any guesses to how it would work?

Just curious.

 

[army judge]

I know you have a right to represent yourself in court and putting aside any reasons that may be a bad idea, I'm curious how that would work in my situation...

Due to a medical condition last year I was hospitalized for a long time and unfortunately for various reasons during this hospitalization I was left unable to walk... I've been bed bound since being released from the hospital and then rehab... I can't walk, can't stand, nor have I yet to find an agreeable wheel chair. I literally stay in my hospital bed in my home 24 hours a day and am unable to leave my livingroom, let alone my house.

If I was ever sued I have a fundamental right to represent myself... but I'm bed bound and can't leave my home- I may never be able to leave my home (though we hope one day I will be able to) but we don't know for sure.

How would I be able to defend myself if sued? I would think that with the protections of the Americans with Disabilities Act if not the Constitution itself I should still have this right despite not being physically able to attend court. As absurd as it sounds would they need to hold a trial in my home? Would they postpone any trial until I was medically able to leave my home? Any guesses to how it would work?

Just curious.

First of all, try not to get sued or get accused of anything.
Barring your precautions, and the worst happens, yes; you will be allowed to be your own lawyer.
The court will make accommodations to assist you.

If your health doesn't permit, your trial will be delayed until you recover.
If you're better but still confined to a bed, the court could allow you to try your case by video.
Your right to counsel of your own choosing (that would be you) will be preserved one way or another!

 

[BirdOPrey5]

Trial by video... excellent. Thanks.

 

[Michael Wechsler]

Trial by video... excellent. Thanks.

Actually no - it would be trial in person in the court. They would just accommodate you to make an appearance in court to defend yourself. Should you be unable to be moved, then you are correct - there would likely be a proceeding to take place where you are but under the same rules of evidence that are used in a court of law. Lawyers would be present, hearsay rules applying, etc.

 

[BirdOPrey5]

Actually no - it would be trial in person in the court. They would just accommodate you to make an appearance in court to defend yourself. Should you be unable to be moved, then you are correct - there would likely be a proceeding to take place where you are but under the same rules of evidence that are used in a court of law. Lawyers would be present, hearsay rules applying, etc.

And what if I'm never deemed well enough to be able to actually go to court?

 

[Michael Wechsler]

Very sorry to hear about your condition. As I mentioned, there are times when court is held at bedside. It happens most often in criminal cases, when a defendant may be shot and an important hearing must be held.

 

[BirdOPrey5]

So if it came down to it, they may hold it in my home? I find this very interesting though I hope it never comes to it.

 

[Michael Wechsler]

So if it came down to it, they may hold it in my home? I find this very interesting though I hope it never comes to it.

If it comes down to it, there have been hearings taking place in hospital rooms, why not your own home? If the situation is that dire, the court must make accommodations. Judges have even taken juries down to the scene of a crime, where it is important and indispensable to do so. I doubt it will ever come to this. Let's hope you start walking again soon.

 

[BirdOPrey5]

When I served jury duty we were specifically told we could NOT visit the crime seen personally. I never went because it was on the other side of Queens but I always wondered what was so important we weren't allowed to go on our own (during trial.)

 

[army judge]

When I served jury duty we were specifically told we could NOT visit the crime seen personally. I never went because it was on the other side of Queens but I always wondered what was so important we weren't allowed to go on our own (during trial.)

Or, as I said, the case would be continued; if there was an expectation of your recovery.

If time passes and your health has deteriorated to the point where your appearance isn't possible, the case would most likely be dismissed.

If it's a civil action, the plaintiff would most likely sue your estate. If it's criminal, and you can't be present to participate in your trial (through no fault of your own), I suspect prosecution will cease. After all, to what end? Your demise is imminent, or your health would be impacted. At that point, you'd no longer be a threat to society and civilization anyway.

 

[BirdOPrey5]

I'm not particularly worried about criminal cases, I don't intend to be breaking any laws personally... but I know I have a big mouth and I'll probably get sued for that one day.

 

[army judge]

I'm not particularly worried about criminal cases, I don't intend to be breaking any laws personally... but I know I have a big mouth and I'll probably get sued for that one day.

You haven't lived, until you've been sued. :yes: