Rosemarie Austin v. Nationstar Mortgage LLC, et al.
DueProcess FourthAmendment
Whether a litigant in pro se can be denied their right to due process under the 5th and 14th Amendments solely based on the court's assumption that the litigant is not qualified to properly conduct discovery
QUESTION PRESENTED The District Court disallowed Austin discovery of an undisclosed witness based on the premise that she would be unable to conduct discovery in a proper fashion acceptable to the Court. Should a litigant be denied their right to Due Process, under the 5th and 14th Amendments, solely on the court’s assumption that a litigant, in pro se, is not qualified to properly conduct discovery to the satisfaction of the judge, and consequently would be unable to pose proper questions to a witness and/or be able to illicit additional information of which would alter the Court’s perceived outcome of a case.