How to File a Case in Federal Court without a Lawyer

How to File a Case in Federal Court without a Lawyer

Last updated: July 2007

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To understand how to file a civil case without an attorney in the United States District Court for the Northern District of Illinois:Review the "Common Questions" to understand the procedures involved in filing a case.Complete and file the forms with the Court Clerk's office.Have the necessary paperwork served on the person you are suing, asking him/her to file an answer by a certain date. The judge will then set the court date and notify both parties by mail.Go to court on the court date and present your case to the judge.Click on words that appear like 'this' to learn what these words mean.]]> Select from the list below:]]> Can I file my case in federal court?Federal courts are courts of "limited jurisdiction," which means they are only allowed to hear certain kinds of cases. The United States District Court for the Northern District of Illinois hears cases based on federal statutes, international treaties or the United States Constitution. It also hears cases where the parties to the lawsuit are citizens of different states, so long as the plaintiff's claim looks as if it is worth at least $75,000. If your case belongs in federal court because it is based on a federal statute, an international treaty, a provision of the U.S. Constitution, or "diversity of citizenship," you may be able to add a state law claim to your case if it is based on the same facts and circumstances as your federal claim. If somebody is suing you in federal court, you still have to decide whether the case belongs there. If it does not, you can move to dismiss the complaint against you. If a case does not belong in federal court, it can often be pursued in state court.]]>Can I get help filing my civil case in federal court?Yes. For help filing your case, go to the U.S. District Court Pro Se Assistance Program on the 20th Floor of the Dirksen Building, 219 S. Dearborn. A Pro Se Assistance Program staff attorney will be in an office on the 20th floor, next to the south elevators, with a waiting area outside. You must make an appointment ahead of time to see one of the staff attorneys. To make an appointment to meet with a program attorney, please contact the Intake Desk of the Clerk?s Office at (312) 435-5691.A computer you can use, with access to the Pro Se Assistance Program's online information, forms and resources, will also be on the 20th floor near the Clerk's office. Hours for the Pro Se Assistance Program are Monday to Friday from 9 a.m. to 2 p.m.]]>How can the Help Desk help me?At the Pro Se Assistance Program, you can speak with a lawyer or a trained volunteer. They can offer you information about filing and court procedures and limited legal advice about a case you want to file or have pending in the District Court.The Pro Se Assistance Program lawyer cannot represent you in court. Instead, the Pro Se Assistance Program can refer you to a lawyer, legal aid hotline, government agency, mediation program or social service agency that can offer you more help with your case.]]>Can the staff of the Clerk's Office help me?The staff of the Clerk's Office can help you by answering questions about procedures, but they are forbidden by law from giving you legal advice. You should consider trying to obtain professional legal assistance. You may use the "Helpful Organizations" search at the bottom of this page.The staff of the Clerk's Office cannot do any of the following:Recommend a legal course of action or suggest ways to helpPredict how a district judge or magistrate judge may decide any issue Interpret the meaning of any judicial orderInterpret the local rules of this Court, federal procedural rules or federal statutes]]>What documents do I need to file my civil case in Federal Court?When you file a civil case, you must complete and submit each of the following documents to the Cashier:An original signed complaintCivil cover sheetAppearance form andSummons for each defendant named in the complaintGo to the "Forms/Letters" section to complete the forms that you need to file your case. You should complete the complaint, civil cover sheet, appearance form, summons, and any other documents you want to file before you arrive at the Clerk's Office to file your case.Bring your documents to the cashier's window, located in the northeast corner of the 20th floor of the Chicago courthouse. [NOTE: in the Western Division, bring documents to the Clerk's Office, located on the second floor of the Rockford courthouse].If you wish to have a court-appointed attorney, you may file a motion for appointment of counsel at the same time that you file the documents listed above. See the Forms/Letters section to complete the forms for appointment of counsel.]]>Where is the Clerk's Office?The mailing addresses for the two divisions of the Clerk's Office are:Eastern DivisionClerk's Office, U.S. District Court219 South DearbornChicago, Illinois 60604Western DivisionClerk's Office, U.S. District CourtUnited States Courthouse211 South Court StreetRockford, Illinois 61101The Clerk's Office is open to the public Monday through Friday, 8:30 a.m. through 4:30 p.m., except for legal holidays. The intake desk, cashier's window, and the area used to review case dockets and case files are all located in the northeast corner of the 20th floor of the courthouse in Chicago. In the Rockford courthouse, these areas are all located on the 2nd floor.]]>Do I need to have extra copies of these documents?For every motion filed with the court, you must file an original and one copy of the motion for the judge. See the Forms/Letters section for more information.If you do not pay the filing fee and submit a petition to proceed without prepaying the fee, you will need to submit one extra copy of your complaint for each defendant. See Question 9 for more information about the petition to waive your filing fee.You also need to provide an original summons and one copy for each defendant. If you are suing the federal government or one of its agencies, you must provide three more copies in addition to the copies for the named defendants.]]>What happens when I submit the Complaint?district judge for your case. A magistrate judge will also be designated for your case. You may stamp the case number and the district and magistrate judges' names on your copies at the time of filing. The cashier will stamp the original and judge's copy of the complaint and each additional copy of the complaint that will be served on the defendant(s).If you have paid the filing fee and have provided a summons, the cashier will issue an original and one copy for each defendant and will give them back to you for service. It is your responsibility to ensure that the summons and a copy of the complaint are served on the defendant. However, you may not serve the summons yourself. Your options for serving the summons are the following:You can arrange for a private process server to serve the summons. The process server will file an affidavit with the court stating how the service was carried out. A summons may be served by anyone over the age of 18 who is not a party to the case;You can file a motion asking the Court to direct the U.S. Marshal to serve the summons, on the grounds that you cannot afford to prepay the cost of a process server;You can ask the defendant to waive the right to formal service. If you want to use this approach, you need to send the defendant a Notice of Lawsuit and a Waiver of Service Form.Service in a civil case must be carried out properly. Failure to serve correctly may result in a case being dismissed.]]>How much will this cost me?There is at least a $350 filing fee for civil cases. Once a case has been filed, there are no additional fees for filing a document in that case. However, there are a series of other fees listed below that may affect the pro se litigant.Court FeesCivil Case Filing Fee at least $350.00Habeas Corpus Filing Fee at least $5.00Foreign Deposition Filing Fee at least $39.00Registration of a Foreign Judgment at least $39.00Letters Rogatory or Letters of Request at least $30.00U.S. Court of Appeals Docketing Fee at least $250.00U.S. District Court Notice of Appeal at least $5.00Misdemeanor Appeal (Magistrate Judge to District Judge) at least $32.00Copy ServicesCertification Fee (per document) at least $9.00Exemplification Fee (per document) at least $18.00Copy Fee (per page) around $0.50Copy of Magnetic Tape Recordings at least $25.00Retrieving a Record From Off-Site Storage at least $45.00Records Search & Certification (per name or item) at least $25.00Miscellaneous FeesPrinted Copy of the Court's Local Rules at least $10.50Check Returned for Insufficient Funds at least $45.00These fees may be paid by mail or in person at the Clerk's Office cashier's window, located in the northeast corner of the 20th Floor of the Dirksen Federal Courthouse. Payment may be made in cash, by check, or by credit card (only Visa, Mastercard, and American Express are accepted). If you pay by check, your check should be made out to "Clerk, U.S. District Court." Your name, address, and phone number must appear on the front of your check.]]>What can I do if I cannot afford to pay the filing fee?If you are unable to pay the $350 filing fee for a civil case, you may ask the court to let you proceed without paying the fee in advance. The Latin phrase used for proceeding in this way is "in forma pauperis." Translated, this phrase means "in the status of a poor person." This phrase is often shortened to "IFP." Cases of this type are sometimes called IFP cases.A separate document is used to ask permission to proceed in forma pauperis. The full name of this document is "Application to Proceed Without Prepayment of Fees and Affidavit." This document is almost always called by the shorter name of "IFP petition." Go to the Forms/Letters section to complete this form.If you want to proceed in forma pauperis, you need to submit a completed original IFP petition and a copy for the judge at the same time that you submit your complaint and associated documents.If you file an IFP petition, you should provide the cashier with an original and one copy of the summons for each defendant at the time that you present your IFP petition. The summons will be kept with your file. If the judge grants your request to proceed in forma pauperis, the summons will issue. The IFP petition, the complaint, and any other documents you submitted along with the complaint will be sent to the assigned district judge. There are a number of possible results of this review. Some of the more common outcomes are the following:The judge may grant the IFP petition. If this happens, the summons will be issued. The judge may also direct the U.S. Marshal to serve the summons and complaint on the defendant;The judge may determine that you can afford the $350 filing fee. If this happens, you will need to pay the filing fee-usually within a specified period of time-before your case can proceed and the summons is issued;The judge may require you to pay a part of the $350 filing fee. If this happens, you must comply with the judge's instructions within a specified time before your case proceeds;The judge may ask for more information from you before ruling on your IFP petition;The judge may also review your complaint and decide, on the basis of that review, that your case should be dismissed on legal grounds. If this happens, your case will not proceed.]]>What other services are available at the Clerk's office?Reviewing DocketsSeveral computer terminals are located in the public area of the 20th floor that allow the public to review automated dockets for civil and criminal cases. These dockets may also be used to check the Court's party index (a list of all parties in civil cases) and case index (a list of case numbers).Reviewing Case FilesCase files may be reviewed by completing a file request card and giving the card to the file department desk in the public area of the 20th floor. A deputy clerk will bring you the case file. Case files may not be taken out of the Clerk's Office. If you want to make a copy of a document in the case file, you may use coin-operated photocopiers located in the public area (about 25 cents per page). The Clerk's Office will provide you with copies of documents for about 50 cents per page.Other Clerk's Office ResourcesIn addition to the resources already listed, the public area of the Clerk's Office provides the following:Blank forms used in civil cases, including all of the forms described in this guideA computerized version of the Court's Local Rules, which is installed on a computer terminalQuick reference pamphlets that provide a directory to the Court and the Clerk's Office andPublic telephones.Information about procedures, the local rules, fees, as well as several other subjects covered in this guide may be found on the Court's internet website. The website also lists the activity scheduled before each judge for the coming week and has links to other judicial websites.]]> Click on the links below to go to the interview questions for each set of forms, which will automatically preapare the forms for you. Please answer the questions accurately and carefully to make sure that your forms are correct. You may then print the forms and file them with the court. ]]>4596index.cfm?fuseaction=home.dsp_content&contentID=4596Federal Court Case Filing Documents4593index.cfm?fuseaction=home.dsp_content&contentID=4593Summary of Instructions for Filing a Civil Case4597index.cfm?fuseaction=home.dsp_content&contentID=4597Federal Court Fee Waiver and Motion for Appointment of CounselAn online program that will create the documents you need to have your court fees waived and for an attorney to be appointed to your case in the United States District Court for the Northern District of Illinois Listed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]> 2151index.cfm?fuseaction=home.dsp_content&contentID=2151Tips for Going to Court2815index.cfm?fuseaction=home.dsp_content&contentID=2815Filing a Charge of Discrimination under the Illinois Human Rights Act3156index.cfm?fuseaction=home.dsp_content&contentID=3156Filing an Employment Discrimination Claim with the EEOC in Chicago4611index.cfm?fuseaction=home.dsp_content&contentID=4611Filing an Employment Discrimination Claim with the EEOC Outside of Chicago5394index.cfm?fuseaction=home.dsp_content&contentID=5394Going to Court on Your Own Video

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