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How do I file a new suit in Federal Court?

Type: 
Common FAQ
Answer: 

THIS INFORMATION IS PROVIDED MERELY AS A GUIDE, YOU SHOULD NOT RELY ON THIS INFORMATION ALONE. MOREOVER, ANY COMPLAINT MAY BE SUBJECT TO DISMISSAL ON A VARIETY OF GROUNDS.

Generally, subject matter jurisdiction is based upon one or more of the following: (1) A civil action in which the United States, an agency, or department thereof is named as a defendant; (2) a civil action which arises under the Constitution, laws, or treaties of the United States; or (3) when diversity of citizenship exists and the amount in controversy exceeds $75,000.00.

A civil action is commenced by filing a complaint with the Court. The filing of initial papers in civil cases, such as Complaints, Notices of Removal, Notices of Appeal, and Petitions for Writ of Habeas Corpus can be filed electronically by making payment through Pay.gov. Cases subject to sealing or restricted access (e.g. qui tam or social security) and applications for any court order to show cause should not be filed electronically. Counsel should refer to Local Rule 65.1(b) when filing an Apllication for an Order to Show Cause.

If not filed electronically, the filing of initial papers in civil cases should be accomplished by Paper Filing accompanied with a disk or CD ROM containing the signed document in PDF format. In a case removed to the federal, parties are requested to provide electronic copies of all documents previously filed in state court.

A party who is not represented by counsel must file documents with the Clerk as a Paper Filing.Pro Se Litigants (a party representing himself or herself) should refer to the Procedural Guide for Pro Se Litigants. The Procedural Guide for Pro Se Litigants is available here in pdf format (it is a large file, you may want to right click and save file to view off of hard drive), or at all divisional offices, at no extra cost.

Pursuant to Rule 8 of the Federal Rules of Civil Procedure, the complaint should contain (1) a short plain statement of the basis of the court's jurisdiction, (2) a short plain statement of the claim, and (3) a demand for judgment for the relief sought. Rule 10 directs that the names of all of the parties are to be included in the title of the action.

Your complaint must be legibly handwritten or typewritten on 8" x 11" paper. The complaint must be signed by an Attorney admitted to the Bar of this Court, or by the pro se plaintiff.

In order for the complaint to be filed, it must be accompanied by the filing fee of [Click here for current fee ]. If your client, or the pro se litigant, is indigent and unable to pay the filing fee, you must petition the court to proceed in forma pauperis.

Rule 4 of the Federal Rules of Civil Procedure, as revised effective December 1, 1993, governs service of a complaint. If a summons is presented to the clerk and it is in proper form, it will be issued and the summons will be forwarded to you. You will be responsible for the prompt service of the summons and complaint upon the defendants in accordance with the procedures set forth in F.R.Civ.P. Rule 4. If you are given leave to proceed in forma pauperis, the United States Marshal may complete service upon the defendants. The United States Marshal may require you to give additional information for the completion of service upon the defendants.

If the in forma pauperis petition is denied by the Court, you will be required to pay the filing fee in order for the complaint to be filed and your action to be commenced.

A Civil Cover Sheet (JS44) needs to be completed and presented at the time the complaint is submitted to the clerk. Civil Cover Sheets are also available from all three offices and can be found on the courts website under "Forms"