How Do I File a Civil Case in Federal Court Pro Se?

Filing a lawsuit in federal court without a lawyer takes careful planning.

The federal court system can be difficult to navigate even with an attorney, but with careful preparation it is possible for a pro se litigant to successfully file a federal civil lawsuit.

Jurisdiction

Claims must meet jurisdictional tests before filing. Federal courts only have jurisdiction over cases based on federal laws, as well as cases in which the parties to the lawsuit are citizens of different states and the plaintiff's claim is potentially worth at least $75,000.

Complaint

To initiate a civil case in federal court, you must first file a complaint with the clerk's office. The complaint is a document that describes in detail whom you are suing, the facts of the claim, the applicable law and what you want the court to do.

Forms

Each complaint must be accompanied by a Civil Cover Sheet, which outlines basic information about the lawsuit, and summonses, which alert defendants to the lawsuit. Additional forms may be required under local procedure.

Fee

Filing a lawsuit in federal court requires a filing fee. As of October 2010, the filing fee is $350. If you are unable to pay the fee, you can file an application to proceed in forma pauperis and the fee may be waived.

References

• U.S. House of Representatives: The Constitution of the United States
• Cornell University Law School Legal Information Institute: Federal Rules of Civil Procedure Rule 8
• U.S. Courts: Forms & Fees
• U.S. Courts: Frequently Asked Questions

Resources

• U.S. District Court for the District of Idaho: Pro Se Handbook
• U.S. District Court for the Eastern District of Michigan: Filing Your Lawsuit in Federal Court
• Illinois Legal Aid: How to File a Case in Federal Court Without a Lawyer
• U.S. Courts: Civil Cover Sheet