What is the test for a motion to self-representate in a personal injury case?

California, United States of America


The following excerpt is from The People v. Durham, F058573, Super. Ct. No. F08600722 (Cal. App. 2011):

The right to self-representation "is absolute only if asserted a reasonable time before trial begins; self-representation motions made after this time are addressed to the trial court's sound discretion. [Citation.]" (People v. Mayfield (1997) 14 Cal.4th 668, 809.) "In exercising that discretion, a trial court is required to consider (1) the quality of counsel's representation, (2) the defendant's prior proclivity to substitute counsel, (3) the reasons for the request, (4) the length and stage of the proceedings, and (5) the disruption or delay which might reasonably be expected to follow the granting of such a motion. [Citation.]" (People v. Scott (2001) 91 Cal.App.4th 1197, 1204.)

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