Escolar Documentos
Profissional Documentos
Cultura Documentos
years old and not a plaintiff or defendant in the case.
There are private process servers who will serve the CENTRAL DISTRICT OF
defendant for a fee. The person who does the serving CALIFORNIA
must file with the court a proof of service.
t fil ith th t f f i
If service is not made within 120 days from the date
the complaint is filed, the case may be dismissed.
WESTERN DIVISION
AFTER SERVICE IS MADE U.S. Courthouse
Once a defendant is served, the defendant may 312 North Spring Street
answer the complaint, file a motion, or do nothing. If
answer the complaint, file a motion, or do nothing. If Los Angeles California 90012
Los Angeles, California 90012
there is more than one defendant, each defendant may
respond differently. Civil Intake, Room G‐19
If the defendant files an answer, the assigned judge (213) 894‐7984
will set dates for completion of discovery, the pretrial General Number (213) 894‐1565 FILING A CIVIL ACTION
conference and trial. The assigned judge’s courtroom
PRO SE LITIGANTS
deputy clerk will notify the plaintiff and defendant of Pro Se Clinic, Room 525
,
these dates. (213) 385‐2977, Ext. 270 2009
If the defendant does nothing within the time for Clinic Hours:
filing a response, the plaintiff may request the entry of a Mondays, Wednesdays & Fridays
default as the first step to obtaining a default judgment. 10:00 A.M. ‐ 4:00 P.M.
ATTORNEYS ~~~~~
Attorneys are not appointed to represent individuals
Attorneys are not appointed to represent individuals
in civil cases. However, many bar associations have SOUTHERN DIVISION
lawyer referral services, and a list of such services is Ronald Reagan Federal Building and
available at the clerk’s office and on the court’s website. U.S. Courthouse
Clerk’s Office, Room 1‐053
SELF‐REPRESENTATION 411 West 4th Street
The court and all parties must be notified, in
p , Santa Ana California 92701‐4516
Santa Ana, California 92701‐4516
writing, of any change of address or telephone and fax (714) 338‐4750
numbers.
Parties may not telephone or write directly to the ~~~~~
district and/or magistrate judge assigned to the case.
For all pleadings filed with the court, copies must be EASTERN DIVISION
mailed to the defendant’s attorney. All pleadings must George E. Brown, Jr. Building
b h d i db h
be hand signed by the person bringing the lawsuit.
bi i h l i Clerk’s Office, Room 134
3470 Twelfth Street
OFFICE HOURS Riverside, California 92501 This brochure provides information about certain
The Clerk’s Office hours are 10:00 A.M. ‐ 4:00 P.M., (951) 328‐4450 administrative and documentary procedures and
Monday‐Friday, excluding holidays. requirements. It does not contain legal advice
~~~~~ and may not be cited to the Court. The
PRO SE CLINIC
PRO SE CLINIC i f
information
i contained
i d iin this
hi b
brochure
h iis always
l
The Pro Se Clinic will offer on‐site information and www.cacd.uscourts.gov/ProSe subject to change.
guidance to individuals who are representing themselves
(proceeding pro se) in federal civil actions
INTRODUCTION BODY OF THE COMPLAINT • A summons for each defendant named in the
This pamphlet is intended to help individuals who The complaint must also state why the court has complaint; a summons form is available from the
want to file a civil case on their own behalf without an jurisdiction over the case. Federal courts have intake window at the Clerk’s Office or on the court’s
attorney. (A person who files a case on his or her own is jurisdiction in limited situations, including when: website;
called a pro se litigant.) It will not cover all • the United States is a defendant; • Original and two copies of Notice of Interested Parties;
circumstances nor all types of cases, and there must still • in cases involving a claimed denial of a federal
in cases involving a claimed denial of a federal the form is available on the court’s website;
be compliance with the Federal Rules of Civil Procedure constitutional right or federal law; • Either the current filing fee or a declaration to
and the Local Rules of this court. Copies of the local • in cases where the plaintiff and defendant are citizens proceed in forma pauperis.
rules are available at local legal newspapers, law of different states (or a foreign country) and the dollar The top sections of the civil cover sheet and the
libraries, or at the court’s website located at amount in controversy in the case exceeds $75,000.00 summons must be completed the same as the
www.cacd.uscourts.gov. Please be aware that the staff or more. complaint.
of the Clerk’ss Office cannot give you legal advice in
of the Clerk Office cannot give you legal advice in The rest of the complaint is a description of the
The rest of the complaint is a description of the All the documents should be completed at home and
All the documents should be completed at home and
accordance with the Code of Conduct for Judicial case. It should be written in the form of numbered then brought to the intake window of the Clerk’s
Employees. paragraphs. The facts of the claim should be explained, Office. When the documents are presented, the clerk
why it is believed that the defendant is responsible for will make sure that they have been properly completed
WEB SITE the damage or injury suffered, and what the court is and will assign a case number to the complaint. A
The court has its own website. Some of the asked to do (prayer for relief). If a jury is requested, it district judge and magistrate judge will be assigned to
information on the website includes filing procedures,
gp , must be stated at the end of the complaint as well as the case. This information, along with the date, will be
, g ,
requirements for court appearances, Local Rules, written underneath the nature of the complaint on the stamped on the original and all copies at the time of
General Orders, court services, downloadable court first page. filing.
forms, and general information. The court’s home page The complaint must be signed on the last page.
can be found at www.cacd.uscourts.gov. Underneath the signature must be the signer’s printed FILING A PETITION TO PROCEED IN FORMA PAUPERIS
or typewritten name. If a person is unable to pay the current filing fee, the
PREPARING THE COMPLAINT court may allow the case to be filed without paying this
SAMPLE FIRST PAGE OF A COMPLAINT
Th fi
The first step in filing a lawsuit is to prepare a
i fili l i i John Smith f
fee in advance. Cases of this type are called in forma
d f h ll d f
complaint. E‐mail Address pauperis (IFP) cases. Blank IFP forms are available from
A complaint must be legibly printed or typed in 14 123 Oak Street the intake window at the Clerk’s Office or on the court’s
point or 10 ½ monospaced type on 8 ½” x 11" sized Los Angeles, California 91000 website.
paper. The paper should be numbered on the left Telephone Number The IFP petition must be filed at the same time as the
margin with not more than 28 lines per page. All pages Facsimile Number complaint, summons, notice of interested parties, and
of the complaint must be two‐hole
of the complaint must be two hole punched and stapled
punched and stapled In Pro Se civil cover sheet The IFP petition will be reviewed by a
civil cover sheet. The IFP petition will be reviewed by a
at the top. magistrate judge. If the judge grants the IFP petition,
UNITED STATES DISTRICT COURT
The first page of the complaint must contain the the complaint will be filed, and the summons will be
CENTRAL DISTRICT OF CALIFORNIA
following information (Use additional sheets if necessary issued. If the judge denies the IFP petition, the
to list all the information): John Smith, ) COMPLAINT FOR complaint will not be filed.
• At the top left of the first page, enter the name, Plaintiff ) BREACH OF CONTRACT
complete address (no post office box number), vs. ) SERVICE OF THE COMPLAINT
telephone number, and if available, the fax number Mary Jones, ) DEMAND FOR JURY Federal Rule of Civil Procedure 4 explains about
and e‐mail address of the person(s) bringing the Defendant ) TRIAL service of the summons and complaint on the
lawsuit; on the next line, enter the words In Pro Se; defendant. The summons and complaint is notification
• Two lines below In Pro Se, enter United States District FILING THE COMPLAINT that a lawsuit has been filed.
Court; When a civil case is filed, each of the following There are various ways to serve a defendant. The
• On the line below United States District Court, enter documents must be submitted: requirements vary depending on such factors as
Central District of California
Central District of California; • Original and two copies of the complaint (one of the h th th d f d t i i di id l ti
whether the defendant is an individual, a corporation, or
• Two lines below Central District of California, enter the copies is returned to the person filing the complaint some other legal entity, and where the defendant can
name of the parties, with the name of the person for his/her records); be found. Read Rule 4 of the Federal Rules of Civil
bringing the lawsuit first; • A civil cover sheet which is available from the intake Procedure carefully.
• To the right of the first party listed, enter the nature window at the Clerk’s Office or on the court’s website;
of the complaint.