Pro Se Package: United States District Court Eastern District of California
Pro Se Package: United States District Court Eastern District of California
Office Hours are 9:00 a.m. to 4:00 p.m., Monday through Friday
Rev. 12/09
The following instructions have been compiled to assist any person
wishing to file a complaint in this court. We have attempted to simplify
procedures; however, we cannot and will not act as lawyers nor give
advice as counsel. We do not anticipate that these simple procedures will
satisfy all needs, and the Local Rules of Practice for the U.S. District
Court are available for more specific guidance. You should use the Local
Rules along with the Federal Rules of Civil Procedures. The Federal Rules
are available at a public library and the Local Rules are available from the
Clerk’s Office and can be accessed on our web site at
www.caed.uscourts.gov.
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If you believe that you have been injured or wronged by someone,
some individual, corporation or government agency and you also believe
you should be compensated for the harm you have suffered, you may
decide to file a civil suit in the United States District Court, without the
help of an attorney.
FUNDAMENTAL INFORMATION
First, there are a few simple concepts you must get to know and
understand.
The PLAINTIFF is the person who files the lawsuit.
The DEFENDANT is the person who is being sued.
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If you are representing yourself without the benefit of an attorney,
you are known as a PRO SE LITIGANT. “Pro Se” is a Latin term
meaning “for yourself.”
As a pro se litigant, you enjoy every right entitled to you under the
law. You need not worry if you have had little or no experience with the
courts before. However, pro se litigants are expected to follow/abide by
the rules that govern the practice of law in the Federal Courts. Pro Se
Litigants should be familiar with the Federal Rules of Civil Procedure and
the Local Rules of this court.
FEDERAL COURT vs STATE COURT
There is a difference between State Court and Federal Court. The
difference being in what types of cases (law suits) they can decide. This is
called JURISDICTION. State Court has general/broad jurisdiction and
Federal Court has limited/specific jurisdiction. Under Federal Court
jurisdiction, the two main types of cases are Federal Question Cases and
Diversity Cases.
FEDERAL QUESTION CASES: are cases where the issue involves
violation of Federal Law.
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amount in controversy exceeds the sum or
value of $75,000. exclusive of interest and
costs.
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4. The RELIEF you are seeking from the court. This can be money
or something you want the Judge to make the defendant do or
stop doing. This information is usually written in the last
paragraph of the COMPLAINT.
If you believe that you are entitled to a trial by jury, you must
indicate in a paragraph following the relief requested that you claim trial
by jury. See Rule 38(b) of the Federal Rules of Civil Procedure.
Do not worry that your COMPLAINT is not professionally written. It
should be typed if possible. The Court will take into consideration that
you are a PRO SE litigant and untrained in drafting legal documents. You
should, however, make every effort to state your case in clear, concise
terms. See Rules 8 and 10 of the Federal Rules of Civil Procedure. YOU
MUST SIGN YOUR COMPLAINT.
Forms for filing a petition under Title 28 U.S.C. § 2254 for writ of
habeas corpus by a person in state custody or a motion under Title 28
U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in
Federal custody are available from the Clerk’s Office.
All pleadings submitted to this Court must be on 8 ½ x 11" paper.
See Rule 130 of the Local Rules.
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STEP TWO: FILE YOUR COMPLAINT
Your next step is to file the COMPLAINT with the Court. In addition
to filing the COMPLAINT the following forms will have to be completed
and submitted with the complaint:
1. A Civil Cover Sheet - (Attachment 2)
3. A $350.00 file fee for a civil case (the filing fee for a petition
for writ of habeas corpus is $5.00)
The filing fee may be waived if you cannot afford to pay it. For more
information, see below. All checks or money orders should be made
payable to: “CLERK, UNITED STATES DISTRICT COURT”.
IF YOU CANNOT AFFORD TO PAY THE FILING FEE you
may be allowed to have the filing fee waived if you fill out an
APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS -
(Attachment 4) and send it to the Court with the COMPLAINT, Cover
Sheet, service copies for each defendant and, if appropriate, completed
Summons forms. The Financial Affidavit is required to be completed so
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that the selected Judge can make a determination of your inability to pay
the filing fee.
When you file the COMPLAINT, Cover Sheet (summons if
applicable) and Application for Leave to Proceed in Forma Pauperis, each
of these will be reviewed and forwarded to a Judge for consideration. If
your Application is approved, the filing fee will be waived and your case
will proceed. If your Application is not approved, you must pay the filing
fee to have your case proceed.
If your In Forma Pauperis application is granted, the Court will direct
the U.S. Marshal to serve your summons and complaint upon the
defendants. In order for the Marshal to effectuate service on all
defendants, you must provide service copies of the complaint for each
defendant and complete a Marshal’s 285 form for each defendant. You are
responsible for the movement of your case once it is filed.
CONSENT FORMS
When you file your complaint you will be given forms called:
NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL
JURISDICTION BY A MAGISTRATE JUDGE AND APPEAL OPTION
and CONSENT TO PROCEED BEFORE UNITED MAGISTRATE
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JUDGE, which you will need to serve on the parties in your case. Upon
the voluntary consent of ALL parties (who must file the consent form with
the Court), a Magistrate Judge may conduct any and all proceedings in
your civil case, including a jury or non-jury trial, and the entry of final
judgment, in accordance with the provisions of Title 28, U.S.C. § 636(c)
and Local Rule 305.
STEP THREE: SERVICE OF PROCESS
If you are NOT proceeding In Forma Pauperis, your next step is to
SERVE (inform) each of the defendants that he or she is being sued. This
may be done in two ways:
1. NOTICE AND REQUEST FOR WAIVER OF SERVICE
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return envelope. See Rule 4(d) of the Federal Rules of Civil
Procedure. If service is waived by the defendant the Waiver of
Service form is returned to the plaintiff for filing with the court
and the action shall proceed. If the defendant does not waive
service, the plaintiff must proceed with service of process.
2. SERVICE OF PROCESS
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upon each defendant with a copy of the complaint. The original
summons is for the use of the person making service.
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AFTER THE ANSWER
In most cases the Court will issue a SCHEDULING ORDER which
sets forth a timetable with deadlines the litigants must follow.
The DISCOVERY PERIOD is the time frame allowed by the Court
for both plaintiff and defendant to discover facts, research the law, and
gather evidence to be presented at trial to prove the litigant’s
position/case.
The discovery period always comes after the filing of the answer by
the defendant and before the first day of the trial.
COMPLAINT/ANSWER/DISCOVERY PERIOD/TRIAL
Whenever you file any document with the Court, you must always:
1. Send a copy to each of the parties who are involved in the case,
or their lawyers, and indicate on a Proof of Service form (see
attachment 7) at the end of the document that you have done so
in accordance with Federal Rule of Civil Procedure 5.
3. Sign all documents you file with the Court. Place the words
“PRO SE” after your name. Place your address and telephone
number on all documents and inform the Court of any changes,
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in accordance with Local Rule 182(d), as soon as possible to
ensure proper service of Court issued orders. It is very important
that you provide a telephone number in the event it is necessary
to obtain further information or clarification or advise you of
any changes in hearing schedules. In addition, you must comply
with the Local Rule 131, regarding counsel identification.
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1 Your Name
2 Address
4 Telephone Number
8 Your Name,
9 Plaintiff,
10 vs. No.
12 Defendant(s). COMPLAINT
13 /
15 legible and clearly stated, so that it is easily understood. Clearly set out your grievance,
16 against whom and what you would like the court to do to correct the situation. The
17 format of a civil complaint is clearly outlined in the Federal Rules of Civil Procedure.
18 You may add additional pages on numbered pleading paper as necessary. Please refer
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Attachment 1
OJS 44 (Rev. 12/07) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 610 Agriculture ’ 422 Appeal 28 USC 158 ’ 400 State Reapportionment
’ 120 Marine ’ 310 Airplane ’ 362 Personal Injury - ’ 620 Other Food & Drug ’ 423 Withdrawal ’ 410 Antitrust
’ 130 Miller Act ’ 315 Airplane Product Med. Malpractice ’ 625 Drug Related Seizure 28 USC 157 ’ 430 Banks and Banking
’ 140 Negotiable Instrument Liability ’ 365 Personal Injury - of Property 21 USC 881 ’ 450 Commerce
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Product Liability ’ 630 Liquor Laws PROPERTY RIGHTS ’ 460 Deportation
& Enforcement of Judgment Slander ’ 368 Asbestos Personal ’ 640 R.R. & Truck ’ 820 Copyrights ’ 470 Racketeer Influenced and
’ 151 Medicare Act ’ 330 Federal Employers’ Injury Product ’ 650 Airline Regs. ’ 830 Patent Corrupt Organizations
’ 152 Recovery of Defaulted Liability Liability ’ 660 Occupational ’ 840 Trademark ’ 480 Consumer Credit
Student Loans ’ 340 Marine PERSONAL PROPERTY Safety/Health ’ 490 Cable/Sat TV
(Excl. Veterans) ’ 345 Marine Product ’ 370 Other Fraud ’ 690 Other ’ 810 Selective Service
’ 153 Recovery of Overpayment Liability ’ 371 Truth in Lending LABOR SOCIAL SECURITY ’ 850 Securities/Commodities/
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 380 Other Personal ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) Exchange
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle Property Damage Act ’ 862 Black Lung (923) ’ 875 Customer Challenge
’ 190 Other Contract Product Liability ’ 385 Property Damage ’ 720 Labor/Mgmt. Relations ’ 863 DIWC/DIWW (405(g)) 12 USC 3410
’ 195 Contract Product Liability ’ 360 Other Personal Product Liability ’ 730 Labor/Mgmt.Reporting ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury & Disclosure Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 740 Railway Labor Act FEDERAL TAX SUITS ’ 892 Economic Stabilization Act
’ 210 Land Condemnation ’ 441 Voting ’ 510 Motions to Vacate ’ 790 Other Labor Litigation ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 442 Employment Sentence ’ 791 Empl. Ret. Inc. or Defendant) ’ 894 Energy Allocation Act
’ 230 Rent Lease & Ejectment ’ 443 Housing/ Habeas Corpus: Security Act ’ 871 IRS—Third Party ’ 895 Freedom of Information
’ 240 Torts to Land Accommodations ’ 530 General 26 USC 7609 Act
’ 245 Tort Product Liability ’ 444 Welfare ’ 535 Death Penalty IMMIGRATION ’ 900Appeal of Fee Determination
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 462 Naturalization Application Under Equal Access
Employment ’ 550 Civil Rights ’ 463 Habeas Corpus - to Justice
’ 446 Amer. w/Disabilities - ’ 555 Prison Condition Alien Detainee ’ 950 Constitutionality of
Other ’ 465 Other Immigration State Statutes
’ 440 Other Civil Rights Actions
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
Attachment 2
JS 44 Reverse (Rev. 12/07)
)
)
Plaintiff
)
v. ) Civil Action No.
)
)
Defendant
)
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Attachment 3
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
Date:
Server’s signature
Server’s address
)
Plaintiff )
v. ) Civil Action No.
)
Defendant )
I am a plaintiff or petitioner in this case and declare that I am unable to pay the costs of these proceedings and
that I am entitled to the relief requested.
In support of this application, I answer the following questions under penalty of perjury:
My gross pay or wages are: $ , and my take-home pay or wages are: $ per
(specify pay period) .
3. Other Income. In the past 12 months, I have received income from the following sources (check all that apply):
If you answered “Yes” to any question above, describe below or on separate pages each source of money and
state the amount that you received and what you expect to receive in the future.
Attachment 4
AO 240 (Rev. 06/09) Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)
5. Any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or
thing of value that I own, including any item of value held in someone else’s name (describe the property and its approximate
value):
6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide
the amount of the monthly expense):
7. Names (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship
with each person, and how much I contribute to their support:
8. Any debts or financial obligations (describe the amounts owed and to whom they are payable):
Declaration: I declare under penalty of perjury that the above information is true and understand that a false
statement may result in a dismissal of my claims.
Date:
Applicant’s signature
Printed name
AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons
)
Plaintiff )
v. ) Civil Action No.
)
Defendant )
To:
(Name of the defendant or - if the defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)
A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above.
A copy of the complaint is attached.
This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed
waiver within days (give at least 30 days, or at least 60 days if the defendant is outside any judicial district of the United States)
from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with
a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.
If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served
on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice
is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of
the United States).
If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint
served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.
Please read the enclosed statement about the duty to avoid unnecessary expenses.
I certify that this request is being sent to you on the date below.
Date:
Signature of the attorney or unrepresented party
Printed name
Address
E-mail address
Telephone number
Attachment 5
AO 399 (01/09) Waiver of the Service of Summons
)
Plaintiff )
v. ) Civil Action No.
)
Defendant )
To:
(Name of the plaintiff’s attorney or unrepresented plaintiff)
I have received your request to waive service of a summons in this action along with a copy of the complaint,
two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.
I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.
I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s
jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
60 days from , the date when this request was sent (or 90 days if it was sent outside the
United States). If I fail to do so, a default judgment will be entered against me or the entity I represent.
Date:
Signature of the attorney or unrepresented party
Address
E-mail address
Telephone number
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons
and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in
the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
no jurisdiction over this matter or over the defendant or the defendant’s property.
If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of
a summons or of service.
If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff
and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
Attachment 6
1 Your Name
2 Address
4 Telephone Number
8 Your Name,
9 Plaintiff,
10 vs. No.
11 Defendant(s),
13 /
14 I, the undersigned, hereby certify that I am over the age of eighteen years and
15 on , 20 , I served a copy of
16 ,
17 by placing a copy in a postage paid envelope addressed to the person hereinafter listed
19
21
22 I declare under penalty of perjury that the foregoing is true and correct.
23
24
25 (Signed)
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Attachment 7
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10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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Attachment 8