This Rule expands on the previous R.9.08, which simply allowed a litigant to act in person. Rule 34.03 allows a corporation to act by agent, but the agent must be an officer of the corporation unless otherwise ordered. This prevents collection agencies from appearing as agents for corporate clients. Rule 34.08 allows a party to have an assistant help or speak for the party, if the judge permits. There is a wide right to remain self-represented, except for the very limited situations set out in R.34.02 and R.33.09. The prothonotary has a duty to inform all parties acting on their own of basic information about the Rules and the court’s procedures (R.34.06) and may provide additional information (R.34.07).

Self-represented litigants are restricted from communicating with represented parties, but the onus is not entirely clear. Rule 34.05 states only that counsel “may” direct a self-represented litigant to communicate only through counsel, which suggests that the default situation is the same as the current practice of no restriction. However, R.34.06 requires the prothonotary to advise all self-represented litigants that they may not communicate directly with a represented party unless they receive written permission from that party’s lawyer. Two or more parties who are all represented by counsel may still communicate directly, as there is no provision in R.34 to prevent it.