Have you ever found yourself in a situation where you need to start a lawsuit but don’t have an attorney? It may seem daunting at first, but with the right guidance, you can take the necessary steps to initiate legal proceedings on your own. In this article, we will walk you through the process of starting a lawsuit without an attorney.
Drafting the Complaint
To begin a lawsuit, you need to file a complaint. In some cases, you may file a petition or a motion instead. The court provides several complaint forms that you can use to draft 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, it’s important to note that it must be in English and written on 8-1/2″ x 11″ paper. The complaint should include the following:
- A caption with the court’s name
- The title “COMPLAINT” next to the caption
- A statement of jurisdiction
- Claims in numbered paragraphs, each limited to a single set of facts
- The relief sought
- The words “JURY TRIAL DEMANDED” if you want a jury to decide the case at trial
- Your signature, address, email address, and telephone number
Make sure to adhere to the guidelines outlined in Federal Rule of Civil Procedure 8 (General Rules of Pleading) and Federal Rule of Civil Procedure 10 (Form of Pleadings). Additionally, all complaints and other submitted documents must comply with Federal Rule of Civil Procedure 11 (Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions).
Filing and Serving the Complaint
Once you have completed drafting your complaint, you must submit it to the Pro Se Intake Unit either in person or by mail. Remember to include the filing fees or an application to proceed without prepayment of fees (in forma pauperis), as well as a Prisoner Authorization form if you are a prisoner.
If you choose to pay the filing fees, you must also submit a completed summons to the Pro Se Intake Unit for the clerk’s signature, seal, and issuance. Following this, you must follow the procedures outlined in Federal Rule of Civil Procedure 4 to serve the summons and complaint.
On the other hand, if your request to proceed without prepayment of fees is granted, the Pro Se Intake Unit will issue a summons only if the assigned judge directs it to do so in an order of service.
Keeping Your Address Updated
It is essential for all litigants, including pro se litigants, to keep the court and other parties involved in the lawsuit informed about any changes to their contact information. This ensures that all case filings can be sent to the correct mail or email address. If there are any changes to your contact information, make sure to inform the Pro Se Intake Unit in writing.
FAQs
Q: Can I start a lawsuit without an attorney?
A: Yes, you can start a lawsuit without an attorney by following the necessary steps and procedures. It may require some research and understanding of legal processes, but it is possible to navigate the legal system on your own.
Q: What if I cannot afford to pay the filing fees?
A: If you cannot afford to pay the filing fees, you can submit an application to proceed without prepayment of fees (in forma pauperis). This application will be reviewed, and if approved, you may proceed without paying the fees.
Conclusion
Starting a lawsuit without an attorney may feel overwhelming, but with the right information and guidance, you can navigate the process successfully. By following the steps outlined above and staying informed about the rules and procedures, you can initiate legal proceedings on your own. Remember to stay organized, keep your contact information updated, and seek assistance when needed. Good luck with your legal journey!
