How to Write Federal Legal Documents
The Federal Rules of Civil Procedure spell out how to draft federal legal documents. The Federal Rules of Civil Procedure (FRCP) can be found online (see Resources). If this procedure is not followed when filing federal legal documents, the clerk of court might return your pleadings to be drafted in the proper format. This can delay the filing of your case if you are the plaintiff, or it can cause your answer to be late (if you are the defendant). Delaying the filing of your case might put you outside of the statute of limitations. If this happens, you will not be able to file the lawsuit. If you are late with a responsive pleading, the case could possibly be dismissed.
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Instructions
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Determine which type of federal legal documents can be filed with the federal court. You can do this by reviewing Rule 7 of the FRCP. This rule will explain the types of legal documents that can be filed, and includes the complaint, answer to a complaint, third-party complaint, counterclaim and answer to a counterclaim, as well as several other types of pleadings.
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Learn how to request an order. An order must be made by motion and the motion must be made in writing, unless the motion is requested during a hearing. Refer to Rule 7 for more guidance, if needed.
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Know what your pleading must contain. To do this, review FRCP Rule 8, General Rules of Pleading. It includes Claims for Relief, Defenses (Admissions and Denials) and Affirmative Defenses. Rule 8 also instructs you to make your pleadings concise, consistent and direct.
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Know the format for your pleading. A pleading must contain a caption with the court's name, title of the pleading, a file number (usually the case number) and a Rule 7(a) designation. The Rule 7(a) designation will determine what type of pleading you are drafting, i.e. a complaint, answer to a complaint, counterclaim, cross-claim and other information. Name all of the parties in the title of the pleading. Review Rule 10 of the FRCP for more on the format of pleadings.
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Draft the preamble to the pleading, then state your claims (or defenses, if you are answering a complaint) in numbered paragraphs. Each paragraph should have a single circumstance. If there is more than one count, each count should have its own section.
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Label all exhibits to be included with the pleading. Exhibits are normally labeled as "Exhibit A," Exhibit B" and so on. Refer to the exhibits in your pleading after stating the exhibit, in this manner: "The Plaintiff filed a complaint on or about [date]. (See Exhibit A attached hereto and incorporated by reference.)"
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Add a Certificate of Service to the bottom of the pleading. Each and every pleading should have a certificate stating that you forwarded a true and correct copy of the pleading to opposing counsel, or to the plaintiff or defendant if that person or entity is pro se (representing himself).
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Complete the signature block. The signature block is often referred to as a "sig block" and contains your signature, the date the pleading was filed, your address, phone number, fax number and email.
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Review any local rules from the federal court in your district. An individual district might have its own preferences. Most courts require that pleadings are double-spaced, written in Times New Roman 12-point font and have 1-inch borders on the top, bottom and sides of the pleading.
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