Have you ever wondered how to start a lawsuit without the help of an attorney? While it may seem daunting at first, with the right information, you can navigate the process on your own. In this article, we will guide you through the steps of starting a lawsuit without hiring a lawyer, providing you with the knowledge you need to begin your legal journey.
Drafting the Complaint
The first step in starting a lawsuit is to file a complaint. In some cases, you may file a petition or a motion instead. The court typically provides complaint forms that you can use for drafting your complaint. These forms are available online or at the Pro Se Intake Unit. However, you also have the option to write your own complaint without using a court form.
When drafting your complaint, there are specific requirements to keep in mind. All complaints must be in English and written on 8-1/2” x 11” paper. They should include a caption with the court’s name, followed by the title “COMPLAINT” next to the caption. Additionally, you must include a statement of jurisdiction, claims in numbered paragraphs limited to a single set of facts, the relief sought, and your signature, address, e-mail address, and telephone number. If you want the case decided by a jury at trial, be sure to include the words “JURY TRIAL DEMANDED.”
It is essential to familiarize yourself with Federal Rule of Civil Procedure 8 (General Rules of Pleading) and Federal Rule of Civil Procedure 10 (Form of Pleadings) to ensure your complaint meets the necessary standards.
Filing and Serving the Complaint
Once you have drafted your complaint, you must submit it for filing. You can do this either in person or by mail to the Pro Se Intake Unit. Along with your complaint, you will need to submit the filing fees or an application to proceed without prepayment of fees (in forma pauperis). If you are a prisoner, you must also include a Prisoner Authorization form.
If you choose to pay the filing fees, you will need to provide a completed summons to the Pro Se Intake Unit for the clerk’s signature, seal, and issuance. After the summons is issued, you must follow the procedures outlined in Federal Rule of Civil Procedure 4 to serve the summons and complaint to the involved parties.
On the other hand, if your request to proceed without prepayment of fees is granted, the Pro Se Intake Unit will only complete and issue a summons if the assigned judge directs it to do so in an order of service.
Keeping Your Address Updated
It is crucial to keep your contact information up to date throughout the legal process. Regardless of whether you have legal representation or not, all litigants, including pro se litigants (those without an attorney), are required to inform the court and other parties involved in the lawsuit of any changes to their contact information. This ensures that all case filings can be sent to the correct mail or email address. Should your contact information change, make sure to inform the Pro Se Intake Unit in writing.
FAQs
Q: Can I start a lawsuit without an attorney?
A: Yes, it is possible to start a lawsuit without hiring an attorney. By familiarizing yourself with the necessary steps and requirements, you can navigate the process on your own.
Q: How do I draft a complaint?
A: When drafting a complaint, ensure that it is in English, written on 8-1/2” x 11” paper, and includes a caption with the court’s name, the title “COMPLAINT,” a statement of jurisdiction, claims in numbered paragraphs, the relief sought, and your contact information.
Q: What happens after I file the complaint?
A: After filing the complaint, you will need to follow the procedures outlined in Federal Rule of Civil Procedure 4 to serve the summons and complaint to the involved parties.
Q: What should I do if my contact information changes?
A: It is essential to inform the Pro Se Intake Unit in writing of any changes to your contact information during the legal process.
Conclusion
Starting a lawsuit without an attorney may seem overwhelming, but by following the proper steps and understanding the requirements, you can confidently navigate the process. Remember to draft your complaint correctly, file it with the relevant court, and keep your address updated. By empowering yourself with this knowledge, you can take charge of your legal journey and pursue justice.