Does a plaintiff have a right to access the court and attend the trial of his own civil action?

MultiRegion, United States of America

The following excerpt is from Davidson v. Uday K. Desai, M.D., Cheng Yin, M.D., Heman K. Fowler, N.P., Floyd Bennett, Calvin W., Dana M. Smith, Wesley Canfield, M.D., 964 F.3d 122 (2nd Cir. 2020):

A litigant has "no constitutional right to be present, or to testify, at his own civil trial." Latiolais v. Whitley , 93 F.3d 205, 208 (5th Cir. 1996). Although there is a constitutional right of "access to the courts," that right is satisfied by an "opportunity to consult with counsel and to present his case to the court," which typically can be accomplished even when the litigant is not physically present at the courthouse. Perotti v. Quinones , 790 F.3d 712, 721 (7th Cir. 2015). Accordingly, the "right to access does not necessarily mean the right to be physically present at the trial of a civil suit." Pollard v. White , 738 F.2d 1124, 1125 (11th Cir. 1984).

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