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FILING A CIVIL CASE
WITHOUT AN ATTORNEY:
A GUIDE FOR THE PRO SE LITIGANT
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
(10/15/13)
TABLE OF CONTENTS
Introduction ...........................................................1
Legal Words: Some Terms You May Encounter and What They Mean ..........2
Filing Your Civil Case: What You Must Do to Get Started ....................7
Fees .................................................................15
A Few Basic Procedures for Ongoing Civil Cases ...........................16
E-Filing ( Electronic Filing) .............................................16
The Clerk’s Office .....................................................18
Getting Legal Help .....................................................20
Federal Agencies and Courts ............................................25
Appendix: Samples of Forms and Local Rules ..............................27
Introduction
This guide is intended to help people who want to file a civil case without an attorney.
Someone who files a civil case on his or her own behalf is often referred to as a pro se party
or pro se litigant (pronounced pro say).
If you are a pro se litigant, this guide will help you to understand some of the legal
terms you are likely to hear as your case proceeds. It will explain some of the guidelines that
control how a civil case moves forward. It will also give you information about a few legal
resources you may wish to consult. However, the guide is not a substitute for an attorney.
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. This means, for example, that the
Clerk’s staff cannot do any of the following:
! recommend a legal course of action or suggest ways to help you win your case;
! predict how a district or magistrate judge may decide any issue;
! interpret the meaning of any judicial order; or
! interpret the local rules of this Court, federal procedural rules, or federal
statutes.
The rules and procedures that affect the way your case proceeds can be hard to
understand. With that in mind, you should seriously consider trying to obtain professional
legal assistance. There are legal organizations that can help arrange for you to have a chance
to talk with a lawyer about your case for a small fee. There are also some organizations that
help to arrange for attorneys to represent litigants at no charge. A separate section of this
guide lists organizations that may be able to offer you legal assistance.
This guide has been organized into the following sections:
! Legal Words: Some Terms You May Encounter and What They Mean
! Filing Your Case: What You Must Do to Get Started
! Proceeding In Forma Pauperis
! Fees
! A Few Basic Procedures for Ongoing Cases
! The Clerk’s Office
! Getting Legal Help
! Appendix: Samples of Forms and Local Rules
Copies of the forms that are included in the Appendix of the guide may be obtained
from the Clerk’s Office in Chicago or Rockford. The Chicago office is located on the 20th
(Guide to Civil Cases for Litigants Without Lawyers: Page 1)
floor of the Dirksen Federal Courthouse at 219 South Dearborn Street. The Rockford, Illinois
office is located on the 2nd floor of the United States Courthouse at
327 South Church Street
.
The District is divided into two divisions. The Chicago courthouse is the headquarters
for the District’s Eastern Division. The Rockford courthouse is the headquarters for the
District’s Western Division. A map of the District has been included in the appendix, showing
the counties in each division.
Legal Words: Some Terms You May Encounter and What They Mean
The courts and lawyers use words that you may not encounter in other settings.
Because their vocabulary is specialized, you are likely to hear or see terms that are somewhat
confusing. This section gives you definitions of some of the most common legal terms used
in civil cases. It is intended to help make it easier to understand the discussion in the rest of
the guide.
Amount in The phrase “amount in controversy” is sometimes used to describe
controversy the amount of money requested in a civil case.
Answer The answer is the name for the document filed as the defendant’s basic
response to the complaint filed by the plaintiff. The answer must
respond to each of the points made in the complaint.
Appearance An appearance form is a document form that records the name and
form address of someone who is representing one or more of the parties in
a case. It is called an appearance form because it is a formal statement
by the person who files it that he or she will “appear” in court on behalf
of a party. The information entered on the appearance form is used by
the Clerk’s Office to send copies of notices and orders. Appearance
forms are completed by both attorneys and pro se litigants. A sample
appearance form has been included in the Appendix.
Civil case A civil case is a legal action in which one party (the plaintiff) sues
another party (the defendant). In a civil case, the plaintiff claims that
the defendant or defendants failed to carry out some type of legal
duty—for example, the duty to comply with a contract or the duty not
to violate constitutional rights. The plaintiff also claims to have
suffered a financial loss or personal injury because of the defendant’s
actions. In most civil cases the plaintiff asks the court to order the
defendant to pay for the harm suffered by the plaintiff.
(Guide to Civil Cases for Litigants Without Lawyers: Page 2)
Civil cover The civil cover sheet is a form completed by the plaintiff that is
sheet submitted along with the complaint. The civil cover sheet records basic
information about the civil case, including the names of the parties, the
type of case, and the damages being requested by the plaintiff. The
plaintiff may also use the civil cover sheet to request that the case be
tried by a jury. Civil cover sheets are used to collect statistical
information for the federal government about the kinds of cases filed
in district courts. A sample civil cover sheet is included in the
Appendix.
Complaint The complaint is the document filed by the plaintiff that begins the
lawsuit. It names each defendant, describes how the plaintiff was
harmed by each defendant, explains why the court has jurisdiction over
the case (“jurisdiction” is defined below), and describes the money
damages or other forms of relief requested by the plaintiff. The
complaint must be signed, either by an attorney or by the pro se party.
Counsel “Counsel” is another name for attorney.
Damages “Damages” is the word used to describe the harm that the plaintiff says
was caused by the defendant. It is also used to describe the amount of
money requested by the plaintiff in the complaint.
Default A default judgment is a judgment entered in then plaintiff’s favor
judgment because the defendant failed to answer or respond to the complaint.
Defendant In a civil case, the defendant is the person being sued by the plaintiff.
Discovery “Discovery” is a word used to describe the phase of a civil case where
each side collects information from the other. This may mean getting
copies of documents or holding interviews, called depositions, where
one side answers questions asked by the other side about facts and
events relevant to the case, with the answers being formally recorded
as part of a record that may be used in the case.
District These are the judges of the Court. District judges are sometimes called
judges “Article III” judges because they are appointed for life under Article III
of the United States Constitution.
(Guide to Civil Cases for Litigants Without Lawyers: Page 3)
Docket The docket is a short written record of what happens in a civil case.
Each document filed in the case and each order entered by the judge is
noted on the docket. In federal district courts—including the Northern
District of Illinois—the docket is a computerized record. This
computerized docket is part of an automated system called the Case
Management/Electronic Case Filing system, or CM/ECF. “The docket”
and “the CM/ECF docket” are different names for the same thing.
Federal Rules The Federal Rules of Civil Procedure are a set of rules that govern the
of Civil way civil cases are handled in all federal district courts. Approved by
Procedure the Supreme Court and by Congress, these rules have the force of law.
They are often referred to by the abbreviation FedRCivP, FRCP, or
FRCvP. Copies of the Federal Rules of Civil Procedure may be
consulted at the William J. Campbell Law Library on the 16th floor of
the Dirksen Building, and can probably also be found in any public
library. In addition, a computerized version of the Federal Rules may
be consulted in the public area of the Clerk’s Office on the 20th floor
of the Chicago courthouse.
In forma A person who cannot afford to pay the
$400 filing fee for a civil case
pauperis has the option of asking the court for permission to file a case without
paying the fee in advance. To make this request, the party files a
petition called an in forma pauperis petition, or IFP petition. In Latin,
the phrase in forma pauperis means “as a poor person.” This petition
is a sworn statement that lists the plaintiff’s income and other assets,
and is used by the judge in deciding whether or not the plaintiff should
be allowed to proceed without paying the filing fee.
Judgment The judgment is the final decision made by the judge that ends the case.
Jurisdiction Jurisdiction is the legal authority of the court to hear a civil case.
Federal district courts have jurisdiction only over the following types
of civil cases:
! cases where the U.S. government is a plaintiff;
! cases where the U.S. government is a defendant;
! cases involving a constitutional right or a federal law
(these are called federal question cases); and
! cases where the plaintiff and defendant live in different
districts, for example, cases where the parties live in
different states. This last type of case is called a
(Guide to Civil Cases for Litigants Without Lawyers: Page 4)
diversity case. In diversity cases, the dollar amount in
controversy in the case must be at least $75,000.
Leave to The words “leave to” or “leave” are often used when a party is asking
for the court’s permission to do something. For example, an attorney’s
request for leave to appear in a case is a request for the court’s
permission to appear.
Litigant The word litigant is another name for the parties involved in a case,
generally the plaintiff and the defendant.
Local rules District courts have a set of their own rules that control aspects of civil
cases. Copies of the local rules may be purchased from the Clerk’s
Office. They may also be consulted in law libraries and on the Court’s
website.
Internal operating The Court’s Internal Operating Procedures (IOPs) are procedural
procedures guidelines established by the Court that govern the administrative
aspects of the Court’s operation. Like the local rules, the IOP’s may be
purchased from the Clerk’s Office or consulted in law libraries and on
the Court’s website.
Magistrate Magistrate judges are judicial officers appointed by the Court for an
judges eight-year term of office. In civil cases, magistrate judges can handle
a wide range of matters referred to them by district judges. If all of the
parties in a civil case give their consent, a civil case can be reassigned
to a magistrate judge for trial. When a civil case is filed, a magistrate
judge is designated for that case. If the case requires the involvement
of a magistrate judge at any point, it will go to the designated
magistrate judge.
Minute A minute order is a form used by judges to set schedules in cases and
order to record brief rulings. Judges sometimes use the reverse side of this
form to enter brief orders.
Order An order is a decision or set of instructions by a judge that usually
directs the plaintiff or defendant to do something.
Party Each person or company named in the lawsuit on either side of the case
is called a party.
(Guide to Civil Cases for Litigants Without Lawyers: Page 5)
Plaintiff In a civil action, the plaintiff is the party who files the case.
Pleadings A pleading is a written document that sets out the basic position and
argument of one of the parties in a case. In most cases, the basic
pleading for the plaintiff is the complaint and the basic pleading for the
defendant is the answer. In some cases, the basic response of the
defendant on some occasions is a motion to dismiss the case instead of
an answer.
Relief “Relief” is another name for the money or other damages requested by
the plaintiff in the complaint. When a party files a motion, the word
“relief” is sometimes used to describe what action the party filing the
motion is asking the judge to do.
Referral A referral is an order entered by a district judge that directs a magistrate
judge to handle one or more aspects of a case. Examples of matters that
are sometimes referred to a designated magistrate judge are the
supervision of the discovery process or the handling of a specific
motion filed by one of the parties.
Service of “Service of process” is a phrase used to describe the act of formally
process serving a summons and a copy of the complaint on the defendant.
Plaintiffs may not serve the summons on the defendant themselves.
Service of process is usually carried out by a process server. Where
ordered by the court, service in certain circumstances may be made by
the U.S. Marshal (see also “waiver of service”).
Settlement A settlement is one of the ways a case can end. A settlement occurs
when the parties resolve their civil dispute, usually after negotiations
among themselves rather than the court or a jury deciding the case.
Summons A summons is a formal notice by the court telling the defendant that he
or she is being sued by the plaintiff, and that an answer is required. The
phrase used to describe the Clerk’s Office providing a signed and
sealed copy of a summons to the plaintiff is “issuing the summons.”
Even though the summons is a notice from the Court, the plaintiff is
responsible for delivering the summons and a copy of the complaint to
the defendant, in accordance with F.R.Cv.P. 4. Phrases that are
sometimes used to describe delivering the summons to the defendant
are “service of summons” and “executing service.” A copy of a blank
summons is included in the Appendix.
(Guide to Civil Cases for Litigants Without Lawyers: Page 6)
Waiver of “Waiver of service” refers to circumstances where the plaintiff is
service able to waive (skip) the formal service of the summons on the
defendant. For the plaintiff, the benefit of waiving service is not having
to the pay the cost of serving the summons. For defendants, the benefit
of agreeing to waive service is extra time to file an answer to the
complaint. Defendants who agree to waive service have 60 days to file
an answer instead of the standard 21 days to answer. The U.S.
government may not waive service. The Appendix includes two forms
that are used for this purpose, a Notice of Lawsuit and Request for
Waiver of Service of Summons, which is the form sent to the defendant
by the plaintiff, and a Waiver of service, which is the form sent to the
Clerk’s Office by a defendant who agrees to waive service. These two
forms are included in the Appendix.
Filing Your Civil Case: What You Must Do to Get Started
Documents You Are Required to File
When you file a civil case, you must submit each of the following documents to the
Cashier:
! a complaint.
Extra copies of the complaint are required. In addition to your original
complaint, you must submit one extra copy for the judge. 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. (IFP petitions are discussed in a section that begins on
page 12).
! a civil cover sheet.
! an appearance form.
! a summons for each defendant named in the complaint.
You need to provide an original 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.
! Either the
$400 filing fee or the forms used to request permission to
proceed in forma pauperis. If you are requesting leave to proceed in
forma pauperis, you must submit an original IFP petition and a copy
for the judge.
(Guide to Civil Cases for Litigants Without Lawyers: Page 7)
If you wish to have a court-appointed attorney, you may file a motion for attorney
assistance at the same time that you file the documents listed above. A copy of a form that
can be used to request attorney assistance is included in the appendix. As with every
document filed with the court, you must file an original and one copy of the motion for the
judge.
A separate section of this guide covers the steps involved in filing a petition for leave
to proceed in forma pauperis (see page 12). Another section deals with special procedures
that you need to follow if you are filing an employment civil rights case (see page 13). In
this section of the guide, assume that you can afford to pay the $
400 filing fee and that you
are not filing a civil rights employment case.
The Complaint
In the space at the top right of the first page, enter “United States District Court.”
On the line below that, enter “Northern District of Illinois.” In the top left of the first page
of your complaint you should list the names of the parties in your case. Your name (the
plaintiff) should appear first. On the next line, enter the letter “v.”, which is short for
“versus” or “against”. List the names of the defendant or defendants below the “v”. You
must list all of the parties. Each person should be identified as a plaintiff or a defendant.
Underneath the party names and the name of the court, enter the word “Complaint” to
identify your document.
The basic information that identifies the document is sometimes called the “caption.”
An example of a caption is the following:
) United States District Court
A. Smith, ) Northern District of Illinois
Plaintiff )
)
v. )
)
B. Jones, )
Defendant )
COMPLAINT
After the caption, write a description of your case. You should tell what happened to
you and why you believe that the defendant is responsible for the damage or injury you
experienced. You should tell why the court has jurisdiction over the case (“jurisdiction” is
defined in the legal terms section of this guide). You must also state what you want the court
to do, for example, the amount of money you are seeking from the defendant
(Guide to Civil Cases for Litigants Without Lawyers: Page 8)
If possible, you should write your complaint in the form of numbered paragraphs, with
each paragraph covering a separate point of your case.
Your complaint is your side of the case and your version of events. It is important for
you to be careful, complete, and as clear as possible in your complaint.
You must sign the complaint on the last page. Below your signature, you need to print
your name and address.
What Happens When You Submit the Complaint.
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].
When you present your documents, the cashier will review them to be sure that they
appear to have been properly completed. The clerk will then assign the next available civil
case number to your complaint. A computer program will be used to randomly pick a 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 the original and
copies at the time of filing.
If you have paid the filing fee and have summons, the cashier will issue an original
and one copy for each defendant and will give them back to you for service.
If you are filing a petition for leave to proceed in forma pauperis, see the section
below. In all other cases, 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.
(Guide to Civil Cases for Litigants Without Lawyers: Page 9)
! 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 Waiver of Service Form.
Service in a civil case must be carried out properly. The basic guidelines for service
are described in Rule 4 of the Federal Rules of Civil Procedure. Failure to serve correctly
may result in a case being dismissed. The text of Rule 4 has been included in the appendix
to this guide.
Filing a Petition to Proceed In Forma Pauperis
If you are unable to pay the $
400. 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 an “Application to Proceed Without Prepayment of Fees and
Affidavit.” This document is almost always called by the shorter name of “IFP petition.”
A copy of a blank IFP petition is included in the Appendix. Blank IFP petitions may
be obtained in the public area of the Clerk’s Office. 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
$400 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.
(Guide to Civil Cases for Litigants Without Lawyers: Page 10)
! The judge may require you to pay a part of the $400 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.
Filing a Complaint of Employment Discrimination
The intake clerk will give you blank copies of the employment discrimination
complaint form on request. A copy of this form has been included in the Appendix of this
guide.
The remainder of this section tells you how to complete the employment
discrimination complaint form. If you need additional room for your answer to any of the
items on the form, you may enter the extra information on a plain piece of paper that is the
same size as the employment discrimination form. If you add an extra page for one of the
items in the form, write “see additional page” in the place on the form where you run out of
room to write. On your additional page, write the number of the item and the word
“continued” (For example, “Item 13 continued”).
Identifying the Parties
At the top of the form, write your name in the lined space above “(Name of the
plaintiff or plaintiffs).” On the lines above “(Name of the defendant or defendants),” write
the name of the party or parties you want to sue. If you need more space to list plaintiffs or
defendants, use an extra sheet of paper, and indicate on the original form that the list of
parties continues to another page. Be careful to identify each party as a plaintiff or defendant.
Numbered Items in the Employment Discrimination Complaint Form
1) This item simply identifies the complaint as a legal action involving a claim of
employment discrimination. You do not need to write anything here.
(Guide to Civil Cases for Litigants Without Lawyers: Page 11)
2) Item 2) tells the court who you are. Complete this item by entering your name and
the county and state where you live. If there are more than one plaintiffs, you need
to add the counties and states where each plaintiff lives.
3) Item 3) identifies the defendant. Complete this item by entering the name, address,
and (if available) the telephone number of each defendant. Please note that, in general,
the defendant named in the complaint filed in this Court must be the same person or
company that was named in the EEOC proceeding.
4) Item 4) identifies the place of business where you believe the employment
discrimination happened. Complete this item by entering the address of the business.
5) Item 5) describes your employment relationship with the defendant at the time you are
filing your complaint. Complete this item by putting an “X” or a “U” in the box that
describes your current status.
6) Item 6) indicates when you believe the employment discrimination occurred or—if
you believe the discrimination is still going on—when the discrimination started.
Complete this item by entering the date. If you do not know a specific date, complete
item 6 by entering the date that is your best estimate of when the discrimination
happened or started.
7) Item 7) indicates whether you have or have not previously taken your employment
discrimination complaint to either the Equal Employment Opportunity Commission
(EEOC) or the Illinois Department of Human Rights. Record your response by
entering an “X” or a “U” in the box labeled “has not” or the box labeled “has.”
If you indicated in 7)(a) that you have filed your complaint with the EEOC or the
Illinois Department of Human Rights, complete items 7)(a)(i) or 7)(a)(ii) to indicate
which of these agencies you have been before and the date you filed your complaint
with them.
In item 7)(b), enter an “X” or a “U” in the box labeled “Yes” or “No” to indicate
whether you have attached a copy of the charge you brought before the EEOC and/or
the Illinois Human Rights Commission.
8) If the EEOC has not issued you a document called a “Notice of Right to Sue,” enter
an “X” or a “U” in box 8)(a).
If the EEOC has issued you a “Notice of Right to Sue,” enter an “X” or a “U” in box
8)(b). Complete the rest of item 8)(b) by entering the date on which you received the
EEOC notice. Attach a copy of your ‘Notice of Right to Sue” to the complaint form.
(Guide to Civil Cases for Litigants Without Lawyers: Page 12)
9) Item 9) indicates the type of discrimination covered by your complaint. Read the list
of discrimination types, then enter an “X” or a “U” in the boxes or boxes that you
believe apply to your situation.
10) If the defendant in your complaint is a state or local government agency and you are
claiming discrimination on the basis of race, color, or national origin, complete item
10) by entering an “X” or a “U” in the box labeled “YES.” For all other complaints,
enter an “X” or a “U” in the box labeled “NO.”
11) This item lists the laws that give the District Court jurisdiction over the case. You do
not need to write anything here.
12) Use item 12) to indicate what action or actions you believe the defendant took that
affected your employment. Read the list of six actions, then enter an “X” or a “U”
in the boxes or boxes that you believe apply to your situation. Note that this item
12)(f) allows additional space for you to write more if you believe that items 12)(a)
through 12)(e) don’t apply to your complaint. Please note that a plaintiff is generally
permitted to proceed in this Court only on claims that have been presented to the
EEOC.
13.) Use item 13) to briefly describe the facts that lead you to believe that you have been
discriminated against by the defendant.
14) Item 14) consists of specific language that is required in employment complaints that
claim discrimination on the basis of age. You do not need to write anything here.
15) Use item 15) to indicate whether or not you want your case to be tried by a jury. If
you want a trial by jury, enter an “X” or a “U” in the box labeled “YES.” If you do
not want to demand a jury trial, enter an “X” or a “U” in the box labeled “NO.”
16) Use Item 16) to tell the Court what you want to happen as a result of your
employment discrimination complaint. Read the list of kinds of relief, then enter an
“X” or a “U” in the boxes or boxes that indicate the result you want. Note that item
16)(f) allows additional space for you to write more if necessary.
Signature, Date, Name, and Address
You must sign the employment discrimination complaint. Do this on the last page of
the form. You must also enter your name, address, and telephone number.
Completing the Civil Cover Sheet for an Employment Discrimination Complaint
(Guide to Civil Cases for Litigants Without Lawyers: Page 13)
The civil cover sheet is a form that you need to complete and submit along with your
complaint. The civil cover sheet records basic information about your civil case. There are
instructions on the reverse side of the civil cover sheet describing how the cover sheet
should be completed. However, a brief summary for employment discrimination complaints
may be helpful.
! Identifying the parties. Record the names of the parties in the spaces labeled
“plaintiffs” and “defendants” at the top of the civil cover sheet.
! Basis of jurisdiction. Unless you are suing the federal government, enter an
“X” or a “U” in the box labeled “federal question.” If you are suing the
federal government enter an “X” or a “U” in the box labeled “U.S.
Government Defendant.”
! In an employment discrimination case you do not need to enter anything in the
section of the civil cover sheet labeled “Citizenship of Principal Parties.”
! In the section labeled “Origin,” enter an “X” or a “U” in the box labeled
“Original Proceeding.”
! In the part of the civil cover sheet section labeled “Nature of Suit,” find the
section labeled “Civil Rights.” Next, enter an “X” or a “U” in the box labeled
“442 Employment.”
! In the section labeled “Cause of Action,” enter “complaint of employment
discrimination.”
! In the part of the civil cover sheet labeled “Requested in Complaint,” find the
section labeled “Demand $.” If you are asking that the court order the
defendant to pay you a specific amount of money, enter that amount next to
“Demand $.” If you are not requesting an award of money, enter “0” next to
“Demand $.”
In the same section of the civil cover sheet, enter the same information about
your request for a jury trial that you entered in item 15) of your employment
discrimination complaint form.
! Refiling a Previously Dismissed Case. If you have previously filed a
complaint involving the same claim of discrimination by the same defendant,
enter the name of the judge and the case number in the space provided in this
section of the civil cover sheet.
(Guide to Civil Cases for Litigants Without Lawyers: Page 14)
! Date and signature. Record the date and sign the civil cover sheet in the space
labeled “signature of attorney of record.”
Fees
The
$400 filing fee for a civil case has already been mentioned. 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. Most of these fees are set
by the Judicial Conference of the United States.
These 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.
Filing Fees
Civil Case Filing Fee ..................................... $
400.00
Habeas Corpus Filing Fee ................................. $5.00
Registration of a Foreign Judgment .......................... $46.00
Letters Rogatory or Letters of Request ....................... $46.00
U.S. Court of Appeals Docketing Fee ........................ $450.00
U.S. District Court Notice of Appeal ......................... $5.00
Misdemeanor Appeal (Magistrate Judge to District Judge) ........ $37.00
Copy Services
Certification Fee (per document) ............................ $11.00
Exemplification Fee (per document) ......................... $21.00
Copy Fee (per page from paper record) ....................... 0.50
Electronic Copy Fee (per page from electronic record) . . . . . . . . .. . $0.10
Copy of Magnetic Tape Recordings .............................$30.00
Retrieving a Record From Off-Site Storage .......................$53.00
Records Search & Certification (per name or item).................$30.00
Miscellaneous Fees
Printed Copy of the Court’s Local Rules .........................$10.50
Check Returned for Insufficient Funds ..........................$53.00
(Guide to Civil Cases for Litigants Without Lawyers: Page 15)
A Few Basic Procedures for Ongoing Civil Cases
E-Filing ( Electronic Filing)
Most of the documents filed with the court are not filed in paper form, Instead,
they are filed electronically. That is, the documents are produced in an electronic form and
filed by attorneys over the internet. E-filing is mandatory for attorneys. It is not mandatory
for pro se litigants. However, pro se litigants who have participated in the free e-filing
training program offered at the Chicago courthouse may become e-filers in their own cases.
Information on e-filing and the Court’s training program may be found on the Court’s
website at www.ilnd.uscourts.gov.
Format Requirements
Local Rule 5.2(a) covers the format requirements for documents filed with the
Court in paper form. A copy of Local Rule 5.2(a) has been included in the Appendix.
Basically, the Court requires that the documents you file meet the following requirements:
! the document must be on paper that is 8½ by 11 inches in size, flat and
unfolded;
! it must be typed or neatly handwritten;
! it must be bound at the top of the document; and
! it must be signed by you on the final page of the document, including your
name, address, and telephone number. The document must bear your
original signature, not a photocopy of your signature.
If you present a document for filing to the clerk that does not meet the format
requirements set out in Local Rule 5.2(a), a deputy clerk may call your attention to the format
problems. The clerk will not refuse to file your document on these grounds, but Rule 5.2
allows the judge to have your document stricken. Therefore, you should read Rule 5.2 and
comply with the format requirements.
Document Length
The Court’s Local Rules do not limit the length of your complaint. However,
if you later file a brief in support of one of your own motions or a brief in response to a
motion filed by the defendant, you need to be aware that Local Rule 7.1 sets a limit of 15
pages for documents of this type. If you want to file a brief that is longer than 15 pages, you
(Guide to Civil Cases for Litigants Without Lawyers: Page 16)
need to have the court’s permission to do so. To do this, you need to file a separate motion
requesting leave to file a brief in excess of 15 pages.
Filing Copies of Documents
Local Rule 5.2(c) requires you to file an extra copy for the judge of any
pleading, motion, or other document you file, with the exception of exhibits or depositions.
Filing Motions
In an ongoing civil case you may need to ask the judge to instruct the defendant to do
something connected to your case, or you may need to ask the judge to allow you to do
something yourself. Examples would be asking the judge to direct the defendant to give you
access to certain records during the discovery phase of your case, or asking the judge to grant
you an extension of time to file a document. When you request the court to take a specific
action, you do so by filing a motion.
Some of the Court’s basic procedural rules for motions are contained in Local Rules 5.3
through 5.4 and Rule 78. Copies of these rules are included in the Appendix.
When you file a motion, you must provide a copy of the motion to the defendant and tell
the defendant that you are filing the motion. If the defendant has an attorney, the copy of the
motion and the notice can go to the attorney . This is called giving the defendant notice of
your motion. You also must file a statement with the Court indicating that you have given
the defendant the required notice.
If you do not want to appear personally before the judge concerning your motion, you
may simply file an original and one copy of your motion with the clerk. Judges hold court
sessions to address motions on different days of the week. If you want to appear before the
judge in person to formally present your motion, you need to be aware of the judge’s motion
call, and select a date for presenting the motion that is consistent with the judge’s motion
practice. In other words, if the judge hears motions on Tuesday and Thursday, do not plan
to appear on a Wednesday to present your motion.
Judges also vary in the number of days of advance notice they require for motions. Many
require two days of advance notice. Some require more advance notice.
If you want to appear before the judge in person, the notice you give the defendant must
specify the date, time, and courtroom where you will appear before the judge. Information
on the number of days of advance notice and the standard motion practices of all judges can
(Guide to Civil Cases for Litigants Without Lawyers: Page 17)
be obtained from the Clerk’s Office. Check this information before you get ready to file your
motion.
The Clerk’s Office
Mailing Address
The mailing addresses for the two divisions of the Clerk’s Office are:
Eastern Division Western Division
Clerk’s Office, U.S. District Court Clerk’s Office, U.S. District Court
219 South Dearborn United States Courthouse
Chicago, Illinois 60604
327 South Church Street
Rockford, Illinois 61101
Office Hours
The 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.
Reviewing Dockets
Several 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 Files
For documents that are received in paper form, case files may be reviewed by completing
some files request card and giving the card to the files 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 (25¢ per page). The Clerk’s Office
will provide you with copies of documents for 50¢ per page.
(Guide to Civil Cases for Litigants Without Lawyers: Page 18)
The Court’s Web Site
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 web site. The web site also lists
the activity scheduled before each judge for the coming week. The site also has links to
several other judicial web sites. If you have access to the internet, the address of the Court’s
web site is http://www.ilnd.uscourts.gov.
Getting Legal Help
The Young Lawyers Section of the Chicago Bar Association and the Chicago Council of
Lawyers have each produced legal guides that include lists of organizations and agencies that
may be able to help pro se litigants. The Young Lawyers Section of the Chicago Bar
Association has prepared a handbook on legal proceedings called “Your Guide to the Law:
A Basic Legal Handbook for Chicagoans.” This pamphlet contains a list of agencies and
organizations that provide free or low-cost legal services. The Chicago Council of Lawyers
and The Fund For Justice have prepared a “Legal Services Directory for Free and Low Cost
Legal Services in the Chicago Metropolitan Area.”
The groups listed below are drawn from the CBA and Chicago Council/Fund for Justice
material. These groups provide legal services covering a wide variety of topics, including
adoption, bankruptcy, criminal matters, divorce and related family matters, employment,
immigration, landlord-tenant problems, probate and social security. Some of these services
deal with topics that may fall within the jurisdiction of this Court. Since some of the
agencies and organizations listed do not handle all types of legal matters, you should call or
write the agency for specific information.
Access Living
115 West Chicago Ave
Chicago, Illinois 60654
(800) 613-8549 toll free v
oice
(888) 253-7003 tool free tty
www.accessliving.org
AIDS Legal Council of Chicago
180 North Michigan Ave Suite 2110
Chicago, Illinois 60601
(312) 427-8990
www.aidslegal.com
Cabrini-Green Legal Aid Clinic
740 North Milwaukee Ave.
Chicago, Illinois 60642
(312) 738-2452
www.cgla.net
Center for Disability and
Elder Law
79 W Monroe St. Suite 919
Chicago, Illinois 60603
(312) 376-1880
www.cdel.org
(Guide to Civil Cases for Litigants Without Lawyers: Page 19)
Chicago Lawyers’ Committee
for Civil Rights Under Law
100 North LaSalle Street Suite 600
Chicago, Illinois 60602
(312) 630-9744
www.clccrul.org
Chicago Legal Clinic
www.clclaw.org
1) South Office
2938 E. 91st St
Chicago, Illinois 60617
(773) 731-1762
2) Austin Office
118 N. Central Ave.
Chicago, Illinois 60644
(773) 854-1610
3) Pilsen Office
1914 S. Ashland Ave.
Chicago, Illinois 60608
(773) 226-2669
4) Downtown Office
211 West Monroe Suite 750
Chicago, Illinois 60606
(312) 726-2938
Chicago Volunteer Legal Services
Foundation (CVLS)
100 N. LaSalle, Suite 900
Chicago, Illinois 60602
(312) 332-1624
www.cvls.org
(NOTE: CVLS has many legal clinics
throughout Chicago. Call for specific
locations.)
Equip for Equality, Inc.,
20 North Michigan Ave, Suite 300
Chicago, Illinois 60602
(312) 341-0022 or (800) 537-2632
www.equipforequality.org
Kent College of Law
Clinic: Advice Desk
565 W. Adams St. Suite 600
Chicago, Illinois 60661
(312) 906-5050
www.kentlaw.edu
John Marshal Law School
Fair Housing Legal Clinic
55 East Jackson Blvd. Suite 1020
Chicago, Illinois 60604
(312) 786-2267
www.jmls.edu/fairhousingcenter
Lawyers’ Committee
For Better Housing
100 West Monroe Street
Chicago, Illinois 60603
(312) 347-7600
www.lcbh.org
Legal Assistance Metropolitan Chicago
120 South LaSalle Suite 900
Chicago, Illinois 60613
(312) 341-1070
www.lafchicago.org
Loyola University Community
Law Center
One E. Pearson Suite 202
Chicago, Illinois 60610
(312) 915-7830
Mandel Legal Aid Clinic
University of Chicago Law School
6020 South University Ave.
(Guide to Civil Cases for Litigants Without Lawyers: Page 20)
Chicago, Illinois 60637
(773) 702-9611
Mexican American Legal Defense and
Educational Fund
11 East Adams Suite 700
Chicago, Illinois 60603
(312) 427-0701
www.maldef.org
Northwestern University
Legal Assistance Clinic
357 E. Chicago Ave. Room 375
Chicago, Illinois 60611
(312) 503-8576
TDD (312) 503-4472
Prairie State Legal Services, Inc.
325 W. Washington St. Suite 100
Waukegan, Illinois 60085
(847) 662-6925
TDD (847) 662-4441
www.pslegal.org
Uptown People’s Law Center
4413 North Sheridan Road
Chicago, Illinois 60640
(773) 769-1411
Referral Services
(The following organizations will refer
you to an attorney if you can afford to pay
for legal services)
American Civil Liberties Union
180 North Michigan Ave
Chicago, Illinois 60601
(312) 201-9740
www.aclu-il.org
Casa Central
Hispanic Social Service Agency
1401 North California
Chicago, Illinois 60622
(773) 782-8705
www.casacentral.org
Chicago Bar Association
321 S. Plymouth Court
Chicago, Illinois 60604
(312) 554-2001
www.chicagobar.org
Chicago Council of Lawyers
750 N. Lake Shore Drive
Chicago, Illinois 60611
(312) 988-6565
www.chicagocouncil.org
Cook County Bar Association
39 South LaSalle Street Suite 1117
Chicago, Illinois 60613
(312) 630 - 1157
www.cookcountybar.org
Dupage Lawyer Referral
126 South County Farm Rd.
Wheaton, Illinois 60187
(630) 653 - 9109
www.dcba.org
Hispanic Lawyers Association
of Illinois
321 South Plymouth Court Suite 600
Chicago, Illinois 60604
(312) 345-9200
www.hlai.org
Illinois National Employment
Lawyers’ Association
www.nela-illinois.org (At this website, go
to “contact us” and fill out the potential
client interview form)
(Guide to Civil Cases for Litigants Without Lawyers: Page 21)
Lesbian & Gay Bar Association
of Chicago
3225 N. Sheffield Ave.
Chicago, Illinois 60657
(312) 334-1637
Mujeres Latinas En Accion
1823 W. 17th St.
Chicago, Illinois 60605
(312) 738 - 5351
www.mujereslatinasaccion.org
North Suburban Bar Association
825 Green Bay Road
Wilmette, Illinois 60092
(847) 564-4800
www.ilnsba.org
Northwest Suburban Bar Association
800 E. MW Highway #418
Palatine, Illinois 60074
(847) 221 - 2681
www.nwsba.org
South Suburban Bar Association
4849 167
th
Street
Oak Forest, Illinois 60452
(708) 633 - 9700
www.southsuburbanbar.org
West Suburban Bar Association
1317 South First Avenue
Maywood, Illinois 60153
(708) 338-2662
FEDERAL AGENCIES AND COURTS
Citizenship and Immigration Services
101 West Congress Parkway
Chicago, Illinois 60605
(800) 375 - 5283
www.uscis.gov
(Guide to Civil Cases for Litigants Without Lawyers: Page 22)
Department of Health and Human Services
233 North Michigan Ave Suite 1300
Chicago, Illinois 60601
(312) 353 - 5160
www.hhs.gov
Department of Housing and Urban
Development
77 West Jackson Blvd. 26
th
Floor
Chicago, Illinois 60604
(312) 353-5680
www.hud.gov
Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210
(866) 4USADOL
www.usdol.gov
Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530
(202) 514-2000
www.usdoj.gov
Department of Veterans Administration
2122 West Taylor Street
Chicago, Illinois 60612
(800) 827 - 1000
www.va.gov
Equal Employment Opportunity
Commission
500 West Madison Street Suite 2000
Chicago, Illinois 60661
(800) 889 - 4000
www.eeoc.gov
Federal Bureau of Investigation
Chicago Division
2111 West Roosevelt
Chicago, Illinois 60608
(312) 421 - 6700
www.chicago.fbi.gov
Social Security
77 West Jackson Blvd. Room 300
Chicago, Illinois 60604
(800) 772 - 1213
www.ssa.gov
United States Bankruptcy Court for the
Northern District of Illinois
219 South Dearborn
Chicago, Illinois 60604
(312) 435-5694
www.ilnb.uscourts.gov
United States Court of Appeals
for the Seventh Circuit
219 South Dearborn Room 2722
Chicago, Illinois 60604
(312) 435 - 5850
United States District Court for the
Northern District of Illinois
219 South Dearborn
Chicago, Illinois
(312) 435 - 5670
www.ilnd.uscourts.gov
(Guide to Civil Cases for Litigants Without Lawyers: Page 23)
APPENDIX: SAMPLES OF FORMS AND LOCAL RULES
! MAP OF THE NORTHERN DISTRICT OF ILLINOIS
! APPEARANCE FORM
! CIVIL COVER SHEET
! SUMMONS
! NOTICE OF LAWSUIT AND WAIVER OF SERVICE
! WAIVER OF SERVICE
! MOTION FOR ATTORNEY ASSISTANCE
! IN FORMA PAUPERIS PETITION
! COMPLAINT OF EMPLOYMENT DISCRIMINATION
! COMPLAINT OF VIOLATION OF CONSTITUTIONAL RIGHTS
! NOTICE OF MOTION AND CERTIFICATE OF SERVICE
! USM FORM 285 (SERVICE OF PROCESS BY U.S. MARSHAL)
! LOCAL RULES 5.2 - 5.4
! LOCAL RULE 78
! RULE 4 OF THE FEDERAL RULES OF CIVIL PROCEDURE
(Guide to Civil Cases for Litigants Without Lawyers: Page 24)
THE NORTHERN DISTRICT OF ILLINOIS
(Guide to Civil Cases for Litigants Without Lawyers: Page 25)
APPEARANCE FORM FOR PRO SE LITIGANTS
DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
Information entered on this form is required for any person filing a case in this court as a pro se
party (that is, without an attorney).
NAME: ________________________________________________
(Please print)
STREET ADDRESS: ________________________________________________
CITY/STATE/ZIP: ________________________________________________
PHONE NUMBER: ________________________________________________
CASE NUMBER: _______________________________________________
_____________________________________________ _______________________
Signature Date
REQUEST TO RECEIVE NOTICE THROUGH E-MAIL
If you check the box below and provide an e-mail address in the space provided, you will receive
notice via e-mail. By checking the box and providing an e-mail address, under Federal Rule of Civil
Procedure 5(b)2(E) you are waiving your right to receive a paper copy of documents filed
electronically in this case. You should not provide an e-mail address if you do not check it
frequently.
I request to be sent notices from the court via e-mail. I understand that by making this
request, I am waiving the right to receive a paper copy of any electronically filed document
in this case. I understand that if my e-mail address changes I must promptly notify the
Court in writing.
_____________________________________________
E-Mail Address
JS 44 (Rev. 3/13)
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 NEXT PAGE OF THIS FORM.)
I. (a)
PLAINTIFFS
DEFENDANTS
(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
T
HE TRACT OF LAND INVOLVED.
(c) Attorneys (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
(Indicate Citizenship of Parties in Item III)
of Business In Another State
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
625 Drug Related Seizure
422 Appeal 28 USC 158
375 False Claims Act
120 Marine
310 Airplane
365 Personal Injury -
of Property 21 USC 881
423 Withdrawal
400 State Reapportionment
130 Miller Act
315 Airplane Product
Product Liability
690 Other
28 USC 157
410 Antitrust
140 Negotiable Instrument
Liability
367 Health Care/
430 Banks and Banking
150 Recovery of Overpayment
320 Assault, Libel &
Pharmaceutical
PROPERTY RIGHTS
450 Commerce
& Enforcement of Judgment
Slander
Personal Injury
820 Copyrights
460 Deportation
151 Medicare Act
330 Federal Employers’
Product Liability
830 Patent
470 Racketeer Influenced and
152 Recovery of Defaulted
Liability
368 Asbestos Personal
840 Trademark
Corrupt Organizations
Student Loans
340 Marine
Injury Product
480 Consumer Credit
(Excludes Veterans)
345 Marine Product
Liability
LABOR
SOCIAL SECURITY
490 Cable/Sat TV
153 Recovery of
Liability
PERSONAL PROPERTY
710 Fair Labor Standards
861 HIA (1395ff)
850 Securities/Commodities/
of Veteran’s Benefits
350 Motor Vehicle
370 Other Fraud
Act
862 Black Lung (923)
Exchange
160 Stockholders’ Suits
355 Motor Vehicle
371 Truth in Lending
720 Labor/Management
863 DIWC/DIWW (405(g))
890 Other Statutory Actions
190 Other Contract
Product Liability
380 Other Personal
Relations
864 SSID Title XVI
891 Agricultural Acts
195 Contract Product Liability
360 Other Personal
Property Damage
740 Railway Labor Act
865 RSI (405(g))
893 Environmental Matters
196 Franchise
Injury
385 Property Damage
751 Family and Medical
895 Freedom of Information
362 Personal Injury -
Product Liability
Leave Act
Act
Medical Malpractice
790 Other Labor Litigation
896 Arbitration
REAL PROPERTY
CIVIL RIGHTS
PRISONER PETITIONS
791 Employee Retirement
FEDERAL TAX SUITS
899 Administrative Procedure
210 Land Condemnation
440 Other Civil Rights
510 Motions to Vacate
Income Security Act
870 Taxes (U.S. Plaintiff
Act/Review or Appeal of
220 Foreclosure
441 Voting
Sentence
or Defendant)
Agency Decision
230 Rent Lease & Ejectment
442 Employment
Habeas Corpus:
871 IRS—Third Party
950 Constitutionality of
240 Torts to Land
443 Housing/
530 General
26 USC 7609
State Statutes
245 Tort Product Liability
Accommodations
535 Death Penalty
290 All Other Real Property
445 Amer. w/Disabilities
540 Mandamus & Other
IMMIGRATION
Employment
550 Civil Rights
462 Naturalization Application
446 Amer. w/Disabilities
555 Prison Condition
463 Habeas Corpus -
Other
560 Civil Detainee -
Alien Detainee
448 Education
Conditions of
(Prisoner Petition)
Confinement
465 Other Immigration
Actions
V. ORIGIN (Place an “X” in One Box Only)
Transferred from
Another District
(specify)
1
Original
Proceeding
2
Removed from
State Court
3
Remanded from
Appellate Court
4
Reinstated or
Reopened
5
6
Multidistrict
Litigation
VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are filing and
write a brief statement of cause.)
VII. Previous Bankruptcy Matters
(For nature of suit 422 and 423, enter the case
number and judge for any associated bankruptcy matter previously adjudicated by a judge of this Court.
Use a separate attachment if necessary.
VIII. REQUESTED IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $
CHECK YES only if demanded in complaint:
JURY DEMAND:
Yes
No
IX. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE DOCKET NUMBER
X. This case (check one box) Is not a refiling of a previously dismissed action is a refiling of case number ____________ previously dismissed by Judge ________________
DATE SIGNATURE OF ATTORNEY OF RECORD
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney
filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the
full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both
name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of
filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the
county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this
section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of
the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution,
an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be
marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for
each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the
most definitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for
removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation
transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is
checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Previous Bankruptcy Matters For nature of suit 422 and 423 enter the case number and judge for any associated bankruptcy matter previously adjudicated
by a judge of this court. Use a separate attachment if necessary.
VIII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the
actual dollar amount being demanded or indicate other demand, such as a preliminary injunction Jury Demand. Check the appropriate box to indicate whether or not a
jury is being demanded.
IX. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the
corresponding judge names for such cases.
X. Refiling Information. Place an "X" in one of the two boxes indicating if the case is or is not a refilling of a previously dismissed action. If it is a refiling of a
previously dismissed action, insert the case number and judge.
Date and Attorney Signature. Date and sign the civil cover sheet.
Rev040913
AO 440 (Rev. 05/00) Summons in a Civil Action
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
SUMMONS IN A CIVIL CASE
CASE NUMBER:
V. A
SSIGNED JUDGE:
D
ESIGNATED
MAGISTRATE JUDGE:
TO: (Name and address of Defendant)
YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
an answer to the complaint which is herewith served upon you, within days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for
the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period
of time after service.
T
HOMAS G. BRUTON, CLERK
(By) DEPUTY CLERK DATE
AO 440 (Rev. 05/00) Summons in a Civil Action
RETURN OF SERVICE
Service of the Summons and complaint was made by me
(1)
DATE
NAME OF SERVER (PRINT)
TITLE
Check one box below to indicate appropriate method of service
G Served personally upon the defendant. Place where served:
G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
discretion then residing therein.
Name of person with whom the summons and complaint were left:
G Returned unexecuted:
G Other (specify):
STATEMENT OF SERVICE FEES
TRAVEL SERVICES TOTAL
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information
contained in the Return of Service and Statement of Service Fees is true and correct.
Executed on
Date Signature of Server
Address of Server
(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
Plaintiff(s)
v.
Defendant(s)
)
)
)
)
)
)
)
Case No: __________________________
Judge: ____________________________
MOTION FOR ATTORNEY REPRESENTATION
(NOTE: Failure to complete all items may result in the denial of this motion.)
1. I, _________________________________________, declare that I am the (check appropriate box)
□ plaintiff □ defendant in this case and that I am unable to afford the services of an attorney. I
hereby ask the Court for an attorney to represent me in this case.
2. I declare that I have contacted the following attorneys/organizations seeking representation:
(NOTE: This item must be completed.)
but I have been unable to find an attorney because:
3. I declare that (check all that apply):
(Now:)
□ I am not currently represented by an attorney requested by the Court in any federal criminal or
civil case.
OR
□ I am currently represented by an attorney requested by the Court in a federal criminal or civil
case. The case is described on the back of this page.
(Earlier:)
□ I have not previously been represented by an attorney requested by the Court in any federal
criminal or civil case.
OR
□ I have previously been represented by an attorney requested by the Court in a federal criminal or
civil case. The case is described on the back of this page.
4. I declare that (check one):
□ I have attached an original Application for Leave to Proceed In Forma Pauperis detailing my
financial status.
□ I have previously filed an Application for Leave to Proceed In Forma Pauperis in this case, and
it is still true and correct.
□ I have previously filed an Application for Leave to Proceed In Forma Pauperis in this case.
However, my financial status has changed and I have attached an Amended Application to
Proceed In Forma Pauperis to reflect my current financial status.
5. □ I declare that my highest level of education is (check one):
□ Grammar school □ Some high school □ High school graduate
□ Some college □ College graduate □ Post-graduate
6. □ I declare that my ability to speak, write, and/or read English is limited because English is not my
primary language. (Check only if applicable.)
7. □ I declare that this form and/or other documents in this case were prepared with the help of an
attorney from the U.S. District Court Pro Se Assistance Program. (Check only if applicable.)
8. I declare under penalty of perjury that the foregoing is true and correct.
________________________________ ________________________________
Movant’s Signature Street Address
________________________________ ________________________________
Date City, State, Zip
Other cases in which an attorney requested by this Court has represented me:
Case Name: ________________________________ Case No.: ____________________
Attorney’s Name: ____________________ The case is still pending: Yes ____ No _____
The appointment was limited to settlement assistance: Yes ____ No _____
Case Name: ________________________________ Case No.: ____________________
Attorney’s Name: ____________________ The case is still pending: Yes ____ No _____
The appointment was limited to settlement assistance: Yes ____ No _____
Case Name: ________________________________ Case No.: ____________________
Attorney’s Name: ____________________ The case is still pending: Yes ____ No _____
The appointment was limited to settlement assistance: Yes ____ No ____
AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons
UNITED STATES DISTRICT COURT
for the
Northern District of Illinois
)
)
)
)
)
Plaintiff
v.
Civil Action No.
Defendant
NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To:
(Name of the defendant or - if the defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)
Why are you getting this?
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.
What happens next?
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
AO 399 (01/09) Waiver of the Service of Summons
UNITED STATES DISTRICT COURT
for the
Northern District of Illinois
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
WAIVER OF THE SERVICE OF SUMMONS
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
Printed name of party waiving service of summons Printed name
Address
E-mail address
Telephone number
Duty to Avoid Unnecessary Expenses of Serving a Summons
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.
Page 1 of 2
Rev. 2/2020
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
___________________________________
(full name of plaintiff or petitioner)
APPLICATION TO PROCEED
WITHOUT PREPAYING FEES OR
vs. COSTS / FINANCIAL AFFIDAVIT
(PRISONER CASES)
___________________________________
Case number: ___________________
___________________________________
(full name of defendant(s) or respondent(s))
Instructions: Please answer every question. Do not leave blanks.
If the answer is "0" or "none," say so.
If you are in custody, you are subject to the Prison Litigation Reform Act ("PLRA"). The
PLRA requires all pretrial detainees and prisoners to pay the filing fee. If you cannot pay
the full filing fee at this time, you may seek leave to proceed in forma pauperis. A pretrial
detainee or prisoner who proceeds in forma pauperis pays the full filing fee over time, with
monthly installments taken from his or her trust fund account.
Application: I am the plaintiff / petitioner in this case. I believe that I am entitled to the relief I am
requesting in this case. I am providing the following information under penalty of perjury in support of
my request (check all that apply):
___ to proceed in forma pauperis (IFP) (without prepaying fees or costs)
___ to request an attorney
1. Are you in custody? ___ Yes ___ No
ID #______________________ Name of jail or prison: __________________________________
Do you receive any payment from this institution? ___ Yes ___ No
If "Yes," how much per month? $________________
2. Other sources of income / money: For the past 12 months, list the amount of money that you have
received from any of the following sources:
(list the 12-month total for each)
Self-employment, business, or profession: $ _________________________
Income from interest or dividends: $ _________________________
Income from rent payments: $ _________________________
Pensions, annuities, or life insurance: $ _________________________
Disability or worker's compensation: $ _________________________
Gifts: $ _________________________
Deposits by others into your jail or prison account: $ _________________________
Unemployment, public assistance, or welfare: $ _________________________
Settlements or judgments: $ _________________________
Any other source of money: $ _________________________
Page 1 of 2
Rev. 2/2020
3. Cash and bank accounts: Do you have any money in cash or in a checking or savings
account? ___ Yes ___ No If yes, how much? ______________________________________
4. Other assets: Do you have an interest in any real estate (including your home), stocks, bonds, other
securities, retirement plans, automobiles, jewelry, or other valuable property (not including ordinary
household furnishings and clothing)? ___ Yes ___ No
If yes, list each item of property and state its approximate value:
_________________________________________________________________________________________
_________________________________________________________________________________________
5. Dependents: Is anyone dependent on you for support? ___ Yes ___ No
If yes, please list their names (for minor children, use only initials); relationship to you; and how
much you and/or your spouse contribute toward their support each month:
_________________________________________________________________________________________
_________________________________________________________________________________________
6. Debts and financial obligations: List any amounts you owe to others:
_________________________________________________________________________________________
_________________________________________________________________________________________
Declaration: I declare under penalty of perjury that all of the information listed above is true and correct.
I understand that a false statement may result in dismissal of my claims or other sanctions.
Date: ____________ __________________________________________
Applicant's signature
_________________________________________
Printed name
NOTICE TO PRISONERS: In addition to the Certificate below, you must attach a print-out from the
institution(s) where you have been in custody during the last twelve months showing all receipts,
expenditures and balances in your prison or jail trust fund accounts during that period. Because the law
requires information as to such accounts covering a full twelve months before you have filed your
lawsuit, you must attach a sheet covering transactions in your own account – prepared by each institution
where you have been in custody during that twelve-month period. You must also have the Certificate
below completed by an authorized officer at each institution.
CERTIFICATE (Incarcerated applicants only)
(To be completed by the institution of incarceration)
I certify that the applicant named above, _______________________, ID # ________________, has the sum
of $ ___________ on account to his/her credit at _____________________ (name of institution). I also
certify that during the past twelve months, the applicant's average monthly deposit was $ _____________.
(Add all deposits from all sources and then divide by the number of months.)
Date: ____________ __________________________________________
Signature of authorized officer
_________________________________________
Printed name
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
___________________________________ )
)
___________________________________ )
)
___________________________________ ) CIVIL ACTION
(Name of the plaintiff or plaintiffs) )
)
v. ) NO.___________________
)
___________________________________ )
)
___________________________________ )
)
___________________________________ )
(Name of the defendant or defendants) )
COMPLAINT OF EMPLOYMENT DISCRIMINATION
1. This is an action for employment discrimination.
2. The plaintiff is _________________________________________________________ of the county of
________________________________in the state of_____________________.
3. The defendant is _______________________________________________________, whose street address
is ___________________________________________________________,
(city)______________(county)______________(state)______________(ZIP)________
(Defendant’s telephone number) (____) – ________________________
II The plaintiff sought employment or was employed by the defendant at (street address)
______________________________________________ (city)____________________
(county)___________ (state)__________ (ZIP code)__________
5. The plaintiff [check one box]
(a)
G
was denied employment by the defendant.
(b)
G
was hired and is still employed by the defendant.
(c)
G
was employed but is no longer employed by the defendant.
6. The defendant discriminated against the plaintiff on or about, or beginning on or about,
(month)_____________, (day)________, (year)_________.
7.1 (Choose paragraph 7.1 or 7.2, do NOT complete both.)
(a) The defendant is not a federal governmental agency, and the plaintiff [check one box]
Ghas not G has filed a charge or charges against the defendant asserting the acts of
discrimination indicated in this complaint with any of the following government agencies:
(i)
G
the United States Equal Employment Opportunity Commission, on or about
(month)_____________ (day)________ (year)_________.
(ii)
G
the Illinois Department of Human Rights, on or about
(month)_____________ (day)________ (year)_________.
(b) If charges were filed with an agency indicated above, a copy of the charge is ttached.
G
YES.
G
NO,
but plaintiff will file a copy of the charge within 14 days.
It is the policy of both the Equal Employment Opportunity Commission and the Illinois Department of Human
Rights to cross-file with the other agency all charges received. The plaintiff has no reason to believe that this
policy was not followed in this case.
7.2 The defendant is a federal governmental agency, and
(a) the plaintiff previously filed a Complaint of Employment Discrimination with the defendant asserting
the acts of discrimination indicated in this court complaint.
G Yes (month)________________ (day)_______ (year) _________
G No, did not file Complaint of Employment Discrimination
2. The plaintiff received a Final Agency Decision on (month)____________
(day) _________ (year) __________.
c. Attached is a copy of the
a. Complaint of Employment Discrimination,
G YES G NO, but a copy will be filed within 14 days.
(ii) Final Agency Decision
G YES G NO, but a copy will be filed within 14 days.
8. (Complete paragraph 8 only if defendant is not a federal governmental agency.)
.(a)
G
the United States Equal Employment Opportunity Commission has not issued a Notice of Right
to Sue.
(b)
G
the United States Equal Employment Opportunity Commission has issued a Notice of Right to
Sue, which was received by the plaintiff on (month)_____________ (day)________
(year)_________ a copy of which Notice is attached to this complaint.
9. The defendant discriminated against the plaintiff because of the plaintiff’s [check only those that apply]:
(a)
G
Age (Age Discrimination Employment Act).
(b)
G
Color (Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §1981).
(c)
G
Disability (Americans with Disabilities Act or Rehabilitation Act)
(d)
G
National Origin (Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §1981).
(e)
G
Race (Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §1981).
(f)
G
Religion (Title VII of the Civil Rights Act of 1964)
(g)
G
Sex (Title VII of the Civil Rights Act of 1964)
10. If the defendant is a state, county, municipal (city, town or village) or other local governmental agency,
plaintiff further alleges discrimination on the basis of race, color, or national origin (42 U.S.C. § 1983).
11. Jurisdiction over the statutory violation alleged is conferred as follows: for Title VII claims by 28
U.S.C.§1331, 28 U.S.C.§1343(a)(3), and 42 U.S.C.§2000e-5(f)(3); for 42 U.S.C.§1981 and §1983 by
42 U.S.C.§1988; for the A.D.E.A. by 42 U.S.C.§12117; for the Rehabilitation Act, 29 U.S.C. § 791.
12. The defendant [check only those that apply]
(a)
G
failed to hire the plaintiff.
(b)
G
terminated the plaintiff’s employment.
(c)
G
failed to promote the plaintiff.
(d)
G
failed to reasonably accommodate the plaintiff’s religion.
(e)
G
failed to reasonably accommodate the plaintiff’s disabilities.
(f)
G
failed to stop harassment;
(g)G retaliated against the plaintiff because the plaintiff did something to assert rights protected by
the laws identified in paragraphs 9 and 10 above;
(h)
G
other (specify):______________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
13. The facts supporting the plaintiff’s claim of discrimination are as follows:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
14. [AGE DISCRIMINATION ONLY] Defendant knowingly, intentionally, and willfully discriminated
against the plaintiff.
15. The plaintiff demands that the case be tried by a jury.
G
YES
G
NO
16. THEREFORE, the plaintiff asks that the court grant the following relief to the plaintiff [check only
those that apply]
(a)
G
Direct the defendant to hire the plaintiff.
(b)
G
Direct the defendant to re-employ the plaintiff.
(c)
G
Direct the defendant to promote the plaintiff.
(d)
G
Direct the defendant to reasonably accommodate the plaintiff’s religion.
(e)
G
Direct the defendant to reasonably accommodate the plaintiff’s disabilities.
(f)
G
Direct the defendant to (specify): _______________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
(g)
G
If available, grant the plaintiff appropriate injunctive relief, lost wages,
liquidated/double
damages, front pay, compensatory damages, punitive damages, prejudgment interest, post-
judgment interest, and costs, including reasonable attorney fees and expert witness fees.
(h)
G
Grant such other relief as the Court may find appropriate.
____________________________________________________
Plaintiff’s signature
____________________________________________________
Plaintiff’s name
Plaintiff’s street address _____________________________________________________
_____________________________________________________
City___________________ State __________ ZIP________
Plaintiff’s telephone number ________________________
Date: ___________________________
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
)
___________________________________ )
)
___________________________________, )
)
Plaintiff(s), )
)
vs. ) Case No.
)
___________________________________ )
)
________________________________ __, )
)
)
Defendant(s). )
COMPLAINT FOR VIOLATION OF CONSTITUTIONAL RIGHTS
This form complaint is designed to help you, as a pro se plaintiff, state your case in a clear
manner. Please read the directions and the numbered paragraphs carefully. Some paragraphs
may not apply to you. You may cross out paragraphs that do not apply to you. All references
to “plaintiff” and “defendant” are stated in the singular but will apply to more than one
plaintiff or defendant if that is the nature of the case.
! This is a claim for violation of plaintiff’s civil rights as protected by the Constitution
and laws of the United States under 42 U.S.C. §§ 1983, 1985, and 1986.
! The court has jurisdiction under 28 U.S.C. §§ 1343 and 1367.
! Plaintiff’s full name is _____________________________________________________.
If there are additional plaintiffs, fill in the above information as to the first-named plaintiff
and complete the information for each additional plaintiff on an extra sheet.
46
4. Defendant, ____________________________________________________________, is
(name, badge number if known)
G an officer or official employed by _________________________________________;
(department or agency of government)
____________________________________________________________________or
G an individual not employed by a governmental entity.
If there are additional defendants, fill in the above information as to the first-named
defendant and complete the information for each additional defendant on an extra sheet.
5. The municipality, township or county under whose authority defendant officer or
official acted is_____________________________________________. As to plaintiff’s
federal constitutional claims, the municipality, township or county is a defendant only if
custom or policy allegations are made at paragraph 7 below.
6. On or about___________________, at approximately ________________ G a.m. G p.m.
(
month,day, year)
plaintiff was present in the municipality (or unincorporated area) of
_________________
___________________________________ , in the County of _____________________,
State of Illinois, at ________________________________________________________,
(identify location as precisely as possible)
when defendant violated plaintiff’s civil rights as follows (Place X in each box that
applies):
G arrested or seized plaintiff without probable cause to believe that plaintiff
had committed, was committing or was about to commit a crime;
G searched plaintiff or his property without a warrant and without reasonable
cause;
G used excessive force upon plaintiff;
G failed to intervene to protect plaintiff from violation of plaintiff’s civil rights
by one or more other defendants;
G failed to provide plaintiff with needed medical care;
G conspired together to violate one or more of plaintiff’s civil rights;
G Other:
__________________________________________________________________
__________________________________________________________________
_________________________________________________________________.
7. Defendant officer or official acted pursuant to a custom or policy of defendant
municipality, county or township, which custom or policy is the following: (Leave blank
if no custom or policy is alleged):____________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
8. Plaintiff was charged with one or more crimes, specifically:
47
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
9. (Place an X in the box that applies. If none applies, you may describe the criminal
proceedings under “Other”) The criminal proceedings
G are still pending.
G were terminated in favor of plaintiff in a manner indicating plaintiff was innocent.
1
G Plaintiff was found guilty of one or more charges because defendant deprived me
of a fair trial as
follows________________________________________________________
_______________________________________________________________________.
G Other:
_______________________________________________________________.
10. Plaintiff further alleges as follows: (Describe what happened that you believe
supports your claims. To the extent possible, be specific as to your own actions and
the actions of each defendant.)
________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
____________________________________________________________
________________________________________________________________________
________________________________________________________________________
1
Examples of termination in favor of the plaintiff in a manner indicating plaintiff was innocent
may include a judgment of not guilty, reversal of a conviction on direct appeal, expungement of the
conviction, a voluntary dismissal (SOL) by the prosecutor, or a nolle prosequi order.
48
___________________________________________________________________________
_____________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
11. Defendant acted knowingly, intentionally, willfully and maliciously.
12. As a result of defendant’s conduct, plaintiff was injured as follows:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
13. Plaintiff asks that the case be tried by a jury. G YesG No
14. Plaintiff also claims violation of rights that may be protected by the laws of Illinois,
such as false arrest, assault, battery, false imprisonment, malicious prosecution,
conspiracy, and/or any other claim that may be supported by the allegations of this
complaint.
WHEREFORE, plaintiff asks for the following relief:
A. Damages to compensate for all bodily harm, emotional harm, pain and
suffering, loss of income, loss of enjoyment of life, property damage and any
other injuries inflicted by defendant;
B. G (Place X in box if you are seeking punitive damages.) Punitive damages
against the individual defendant; and
C. Such injunctive, declaratory, or other relief as may be appropriate, including
attorney’s fees and reasonable expenses as authorized by 42 U.S.C. § 1988.
Plaintiff’s signature: _____________________________________________________
Plaintiff’s name (print clearly or type):________________________________________
Plaintiff’s mailing
address:__________________________________________________
City______________________________ State __________ ZIP ___________
49
Plaintiff’s telephone number: ( ) _________________________.
Plaintiff’s email address (if you prefer to be contacted by email):___________________
______________________________________
15. Plaintiff has previously filed a case in this district. G Yes G No
If yes, please list the cases below.
Any additional plaintiffs must sign the complaint and provide the same information as the first
plaintiff. An additional signature page may be added.
50
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
)
)
Plaintiff )
) Case Number:
v. )
) Judge:
)
)
Defendant )
NOTICE OF MOTION
TO: ____________________________________
____________________________________
____________________________________
PLEASE TAKE NOTICE that on __________________________ at __________, or as soon
thereafter as I may be heard, I shall appear before the Honorable Judge
____________________
or any judge sitting in his or her stead in Courtroom ___________ of the U.S. District Court
of the Northern District of Illinois, Eastern Division, 219 South Dearborn St., Chicago,
Illinois and shall present the following motion attached hereto:
___________________________________________________________________________
CERTIFICATE OF SERVICE
I hereby certify that on _________________, I provided service to the person or persons
listed above by the following means:
____________________________________________________
Signature: _____________________________________ Date:
_______________________
Name (Print):___________________________________
Address:_______________________________________ Phone: ______________________
________________________________________
________________________________________
51
52
LR5.2. Form of Documents Filed
(a) Electronic Filing Permitted. The court will accept for filing documents
submitted, signed, or verified by electronic means that comply with procedures established by the
court as set forth in the General Order on Electronic Case Filing or other similar order.
Where a document is submitted in an electronic format pursuant to procedures
established by the court, submitted in both electronic and paper formats, or submitted in paper
and subsequently produced in an electronic format by Court staff, the electronic version shall be
the court's official record. Where a document is submitted in paper format without an electronic
version being produced, the paper version shall be the court's official record. Where the
electronic version of a document is a redacted version of an unredacted paper document, the
unredacted paper version shall be the court's official record
(b) Redaction of Transcripts Filed Electronically. If a party or an attorney for a party files a
written request to redact specific portions of a transcript pursuant to either Federal Rule of Civil
Procedure 5.2 or Federal Rule of Criminal Procedure 49.1, the court reporter is ordered by the
Court to make that redaction. Any other redaction request must be made by motion to the court
(c) Paper and Font Size. Each paper original filed and each paper judge's copy shall be flat and
unfolded on opaque, unglazed, white paper 8½ x 11 inches in size. It shall be plainly written,
typed, printed, or prepared by means of a duplicating process, without erasures or interlineations
which materially deface it.
Where the document is typed, line spacing will be at least 2.0 lines. Where it is typed or printed,
(1) the size of the type in the body of the text shall be 12 points and that in footnotes, no less
than 11 points, and
(2) the margins, left-hand, right-hand, top, and bottom, shall each be a minimum of 1 inch.
(d) Binding and Tabs. Each paper original shall be bound or secured at the top edge of the
document by a staple or a removable metal paper fastener inserted through two holes. A paper
original shall not have a front or back cover. A paper original shall not have protruding tabs.
Exhibits or tabs that are part of the paper original shall be indicated in bold type on a single sheet
of paper placed immediately before the corresponding exhibit or attachment. Unless not
reasonably feasible, exhibits to paper originals shall be 8½ x 11 inches in size. A judge's paper
copy shall be bound on the left side and shall include protruding tabs for exhibits. A list of
exhibits must be provided for each document that contains more than one exhibit.
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(e) Documents Not Complying May be Stricken. Any document that does not comply with this
rule shall be filed subject to being stricken by the court.
(f) Judge’s Copy. Each person or party filing a paper version of a pleading, motion, or document,
other than an appearance form, motion to appear pro hac vice , or return of service, shall file in
addition to the original a copy for use by the court. Where a filing is made electronically of a
pleading, motion, or document other than an appearance form or return of service, a paper copy
shall be provided for the judge within one business day, unless the judge determines that a paper
copy is not required. Every judge’s paper copy must be bound and tabbed as required by
subsection (d)
[NOTE: Rule 5.2 was amended by General Orders on: December 20, 2004, April 20, 2006,
September 23, 2008, June 24, 2009, February 4, 2010]
LR5.3. Notice of Motions and Objections
(a) S
ERVICE. Except in the case of an emergency or unless otherwise ordered,
written notice of the intent to present a motion, or an objection to a magistrate judge’s order or
report under F. R.Civ.P. 72, specifying the date on which the motion or objection is to be
presented, a copy of the motion or objection and any accompanying documents must be served as
follows:
(1) Personal service. Personal service must be accomplished no later than 4:00 p.m. of
the second business day preceding the date of presentment. Personal service shall include actual
delivery within the time specified by this section by a service organization providing for delivery
within a specified time (e.g., overnight service) or by electronic transmission pursuant to F.
R.Civ.P. 5(b)(2)(D) and 5(b)(3).
(2) Mail service. Where the service is by mail, the notice and documents shall be mailed
at least seven days before the date of presentment. Ex parte motions and agreed motions or
objections may be presented without notice.
(b) PRESENTMENT. Every motion or objection shall be accompanied by a notice of
presentment specifying the date and time on which, and judge before whom, the motion or
objection is to be presented. The date of presentment shall be not more than 14 days following the
date on which the motion or objection is delivered to the court pursuant to LR78.1. [NOTE: Rule
5.3 was amended by General Order of October 2, 2002, by General Order of March 27, 2003, and
by General Order of November 19, 2009]
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LR5.4. Motions: Filing Notice & Motion
Filing of papers shall be with the clerk unless a particular judge has provided for filing in the
judge’s chambers. The clerk shall maintain a list of the delivery requirements of each judge and
post a copy in a public area of the clerk’s office.
Where a motion is delivered to the clerk that does not comply with the scheduling
requirements established by the judge pursuant to LR78.1 or is scheduled before a judge who,
pursuant to this rule, has directed that the motions are to be delivered to the minute clerk assigned
to the judge or to the judge’s chambers, the clerk shall inform the person offering the motion of
the correct procedure. If the person insists on delivering it to the clerk, the clerk shall accept it
and attach to it a note indicating that the person delivering it was advised of the scheduling or
delivery requirements.
LOCAL RULE 5.3. Motions: Notice of Motions and Objections
a) Service. Except in the case of an emergency or unless otherwise ordered, written notice of the
intent to present a motion, or an objection to a magistrate judge’s order or report under F.
R.Civ.P. 72, specifying the date on which the motion or objection is to be presented, a copy of the
motion or objection and any accompanying documents must be served as follows:
(1) Personal service. Personal service must be accomplished no later than 4:00 p.m. of the
second business day preceding the date of presentment. Personal service shall include actual
delivery within the time specified by this section by a service organization providing for
delivery within a specified time (e.g., overnight service) or by electronic transmission
pursuant to F. R.Civ.P. 5(b)(2)(D) and 5(b)(3).
(2) Mail service. Where the service is by mail, the notice and documents shall be mailed at
least five business days before the date of presentment.
Ex parte motions and agreed motions or objections may be presented without notice.
(b) Presentment. Every motion or objection shall be accompanied by a notice of presentment
specifying the date and time on which, and judge before whom, the motion or objection is to be
presented. The date of presentment shall be not more than 10 business days following the date on
which the motion or objection is delivered to the court pursuant to LR78.1.
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LR78.1. Motions: Filing in Advance of Hearing
Except where a judge fixes a different time in accordance with this rule, the original of any
motion shall be filed by 4:30 p.m. of the second business day preceding the date of presentment.
A judge may fix a time for delivery longer than that provided by this rule, or elect to hear
motions less frequently than daily, or both. In those instances where a judge elects to fix a longer
delivery time, or hear motions less frequently than daily, or both, the judge shall notify the clerk
in writing of the practice to be adopted. The clerk shall maintain a list of the current motion
practices of each of the judges at the assignment desk. (Amended 10/13/04)
LR78.2. Motions: Denial for Failure to Prosecute
Where the moving party, or if the party is represented by counsel, counsel for the moving
party, delivers a motion or objection to a magistrate judge’s order or report without the notice
required by LR5.3(b) and fails to serve notice of a date of presentment within 14 days of
delivering the copy of the motion or objection to the court as provided by LR5.4, the court may
on its own initiative deny the motion or objection. (Amended 2/28/2007)
LR78.3. Motions: Briefing Schedules; Oral Arguments; Failure to File Brief
The court may set a briefing schedule. Oral argument may be allowed in the court’s
discretion.
Failure to file a supporting or answering memorandum shall not be deemed to be a waiver of the
motion or a withdrawal of opposition thereto, but the court on its own motion or that of a party
may strike the motion or grant the same without further hearing. Failure to file a reply
memorandum within the requisite time shall be deemed a waiver of the right to file.
LR78.4. Motions: Copies of Evidentiary Matter to be Served
Where evidentiary matter, in addition to affidavits permitted or required under Rules 5 or 6 of
the Federal Rules of Civil Procedure, will be submitted in support of a motion, copies thereof
shall be served with the notice of motion.
LR78.5. Motions: Request for Decision; Request for Status Report
Any party may on notice provided for by LR5.3 call a motion to the attention of the court for
decision.
Any party may also request the clerk to report on the status of any motion on file for at least
seven months without a ruling or on file and fully briefed for at least sixty days. Such requests
will be in writing. On receipt of a request the clerk will promptly verify that the motion is pending
and meets the criteria fixed by this section. If it is not pending or does not meet the criteria, the
56
clerk will so notify the person making the request. If it is pending and does meet the criteria, the
clerk will thereupon notify the judge before whom the motion is pending that a request has been
received for a status report on the motion. The clerk will not disclose the name of the requesting
party to the judge. If the judge provides information on the status of the motion, the clerk will
notify all parties. If the judge does not provide any information within ten days of the clerk's
notice to the judge, the clerk will notify all parties that the motion is pending and that it has been
called to the judge’s attention.
57
FEDERAL RULES OF CIVIL PROCEDURE
RULE 4. SUMMONS
(a) CONTENTS; AMENDMENTS.
(1) Contents. A summons must:
(A) name the court and the parties;
(B) be directed to the defendant;
(C) state the name and address of the plaintiff's attorney or if unrepresented of the plaintiff;
(D) state the time within which the defendant must appear and defend;
(E) notify the defendant that a failure to appear and defend will result in a default judgment
against the defendant for the relief demanded in the complaint;
(F) be signed by the clerk; and
(G) bear the court's seal.
(2) Amendments. The court may permit a summons to be amended.
(b) ISSUANCE. On or after filing the complaint, the plaintiff may present a summons to the
clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and
issue it to the plaintiff for service on the defendant. A summons or a copy of a summons that is
addressed to multiple defendants must be issued for each defendant to be served.
(c) SERVICE.
(1) In General. A summons must be served with a copy of the complaint. The plaintiff is
responsible for having the summons and complaint served within the time allowed by Rule
4(m) and must furnish the necessary copies to the person who makes service.
(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons
and complaint.
(3) By a Marshal or Someone Specially Appointed. At the plaintiff's request, the court may
order that service be made by a United States marshal or deputy marshal or by a person
specially appointed by the court. The court must so order if the plaintiff is authorized to
proceed in forma pauperis under 28 U.S.C. 1915 or as a seaman under 28 U.S.C. 1916.
(d) WAIVING SERVICE.
(1) Requesting a Waiver. An individual, corporation, or association that is subject to service
under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons.
The plaintiff may notify such a defendant that an action has been commenced and request that
the defendant waive service of a summons. The notice and request must:
58
(A) be in writing and be addressed:
(i) to the individual defendant; or
(ii) for a defendant subject to service under Rule 4(h), to an officer, a managing
or general agent, or any other agent authorized by appointment or by law to
receive service of process;
(B) name the court where the complaint was filed;
(C) be accompanied by a copy of the complaint, 2 copies of a waiver form, and a
prepaid means for returning the form;
(D) inform the defendant, using text prescribed in Form 5, of the consequences of
waiving and not waiving service;
(E) state the date when the request is sent;
(F) give the defendant a reasonable time of at least 30 days after the request was
sent or at least 60 days if sent to the defendant outside any judicial district of the
United States to return the waiver; and
(G) be sent by first-class mail or other reliable means.
(2) Failure to Waive. If a defendant located within the United States fails, without good cause,
to sign and return a waiver requested by a plaintiff located within the United States, the court
must impose on the defendant:
(A) the expenses later incurred in making service; and
(B) the reasonable expenses, including attorney's fees, of any motion required to
collect those service expenses.
(3) Time to Answer After a Waiver. A defendant who, before being served with process,
timely returns a waiver need not serve an answer to the complaint until 60 days after the
request was sent or until 90 days after it was sent to the defendant outside any judicial
district of the United States.
(4) Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not
required and these rules apply as if a summons and complaint had been served at the time of
filing the waiver.
(5) Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any
objection to personal jurisdiction or to venue.
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(e) SERVING AN INDIVIDUAL WITHIN A JUDICIAL DISTRICT OF THE
UNITED STATES. Unless federal law provides otherwise, an individual other than a minor, an
incompetent person, or a person whose waiver has been filed may be served in a judicial district
of the United States by:
(1) following state law for serving a summons in an action brought in courts of general
jurisdiction in the state where the district court is located or where service is made; or
(2) doing any of the following:
(A) delivering a copy of the summons and of the complaint to the individual
personally;
(B) leaving a copy of each at the individual's dwelling or usual place of abode with
someone of suitable age and discretion who resides there; or
(C) delivering a copy of each to an agent authorized by appointment or by law to
receive service of process.
(f) SERVING AN INDIVIDUAL IN A FOREIGN COUNTRY. Unless federal law provides
otherwise, an individual other than a minor, an incompetent person, or a person whose waiver
has been filed may be served at a place not within any judicial district of the United
States:
(1) by any internationally agreed means of service that is reasonably calculated to give notice,
such as those authorized by the Hague Convention on the Service Abroad of Judicial and
Extrajudicial Documents;
(2) if there is no internationally agreed means, or if an international agreement allows but
does not specify other means, by a method that is reasonably calculated to give notice:
(A) as prescribed by the foreign country's law for service in that country in an
action in its courts of general jurisdiction;
(B) as the foreign authority directs in response to a letter rogatory or letter of
request; or
(C) unless prohibited by the foreign country's law, by:
(i) delivering a copy of the summons and of the complaint to the individual
personally; or
60
(ii) using any form of mail that the clerk addresses and sends to the individual
and that requires a signed receipt; or
(3) by other means not prohibited by international agreement, as the court orders.
(g) SERVING A MINOR OR AN INCOMPETENT PERSON. A minor or an incompetent
person in a judicial district of the United States must be served by following state law for serving
a summons or like process on such a defendant in an action brought in the courts of general
jurisdiction of the state where service is made.
A minor or an incompetent person who is not within any judicial district of the United States must
be served in the manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3).
(h) SERVING A CORPORATION, PARTNERSHIP, OR ASSOCIATION. Unless federal
law provides otherwise or the defendant's waiver has been filed, a domestic or foreign
corporation, or a partnership or other unincorporated association that is subject to suit under a
common name, must be served:
(1) in a judicial district of the United States:
(A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or
(B) by delivering a copy of the summons and of the complaint to an officer, a
managing or general agent, or any other agent authorized by appointment or by
law to receive service of process and if the agent is one authorized by statute and
the statute so requires by also mailing a copy of each to the defendant; or
(2) at a place not within any judicial district of the United States, in any manner prescribed by
Rule 4(f) for serving an individual, except personal delivery under (f)(2)(C)(I).
(i) SERVING THE UNITED STATES AND ITS AGENCIES, CORPORATIONS,
OFFICERS, OR EMPLOYEES.
(1) United States. To serve the United States, a party must:
(A)(i) deliver a copy of the summons and of the complaint to the United States
attorney for the district where the action is brought or to an assistant United
States attorney or clerical employee whom the United States attorney designates in
a writing filed with the court clerk or
(ii) send a copy of each by registered or certified mail to the civil-process clerk at
the United States attorney's office;
61
(B) send a copy of each by registered or certified mail to the Attorney General of
the United States at Washington,D.C.; and
(C) if the action challenges an order of a nonparty agency or officer of the United
States, send a copy of each by registered or certified mail to the agency or officer.
(2) Agency; Corporation; Officer or Employee Sued in an Official Capacity. To serve a
United States agency or corporation, or a United States officer or employee sued only in an
official capacity, a party must serve the United States and also send a copy of the summons
and of the complaint by registered or certified mail to the agency, corporation, officer, or
employee.
(3) Officer or Employee Sued Individually. To serve a United States officer or employee sued
in an individual capacity for an act or omission occurring in connection with duties performed
on the United States' behalf (whether or not the officer or employee is also sued in an official
capacity), a party must serve the United States and also serve the officer or employee under
Rule 4(e), (f), or (g).
(4) Extending Time. The court must allow a party a reasonable time to cure its failure to:
(A) serve a person required to be served under Rule 4(i)(2), if the party has served
either the United States attorney or the Attorney General of the United States; or
(B) serve the United States under Rule 4(i)(3), if the party has served the United
States officer or employee.
(j) SERVING A FOREIGN, STATE, OR LOCAL GOVERNMENT.
(1) Foreign State. A foreign state or its political subdivision, agency, or instrumentality must
be served in accordance with 28 U.S.C. 1608.
(2) State or Local Government. A state, a municipal corporation, or any other state-created
governmental organization that is subject to suit must be served by:
(A) delivering a copy of the summons and of the complaint to its chief executive
officer; or
(B) serving a copy of each in the manner prescribed by that state's law for serving
a summons or like process on such a defendant.
(k) TERRITORIAL LIMITS OF EFFECTIVE SERVICE.
62
(1) In General. Serving a summons or filing a waiver of service establishes personal
jurisdiction over a defendant:
(A) who is subject to the jurisdiction of a court of general jurisdiction in the state
where the district court is located;
(B) who is a party joined under Rule 14 or 19 and is served within a judicial
district of the United States and not more than 100 miles from where the summons
was issued; or
(C) when authorized by a federal statute.
(2) Federal Claim Outside State-Court Jurisdiction. For a claim that arises under federal law,
serving a summons or filing a waiver of service establishes personal jurisdiction over a
defendant if:
(A) the defendant is not subject to jurisdiction in any state's courts of general
jurisdiction; and
(B) exercising jurisdiction is consistent with the United States Constitution and
laws.
(l) PROVING SERVICE.
(1) Affidavit Required. Unless service is waived, proof of service must be made to the court.
Except for service by a United States marshal or deputy marshal, proof must be by the server's
affidavit.
(2) Service Outside the United States. Service not within any judicial district of the United
States must be proved as follows:
(A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention;
or
(B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the addressee, or by
other evidence satisfying the court that the summons and complaint were delivered
to the addressee.
(3) Validity of Service; Amending Proof. Failure to prove service does not affect the validity
of service. The court may permit proof of service to be amended.
63
(m) TIME LIMIT FOR SERVICE. If a defendant is not served within 120 days after the
complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss
the action without prejudice against that defendant or order that service be made within a
specified time. But if the plaintiff shows good cause for the failure, the court must extend the time
for service for an appropriate period. This subdivision (m) does not apply to service in a foreign
country under Rule 4(f) or 4(j)(1).
(n) ASSERTING JURISDICTION OVER PROPERTY OR ASSETS.
(1) Federal Law. The court may assert jurisdiction over property if authorized by a federal
statute. Notice to claimants of the property must be given as provided in the statute or by
serving a summons under this rule.
(2) State Law. On a showing that personal jurisdiction over a defendant cannot be obtained in
the district where the action is brought by reasonable efforts to serve a summons under this
rule, the court may assert jurisdiction over the defendant's assets found in the district.
Jurisdiction is acquired by seizing the assets under the circumstances and in the manner
provided by state law in that district.
(As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Apr. 29, 1980, eff.
Aug. 1, 1980; Jan. 12, 1983, eff. Feb. 26, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993,
eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 30, 2007, eff. Dec. 1, 2007.)
64
Summary of Instructions for Filing a Civil Case
Document General Information Number of Copies Required
Complaint
List all plaintiffs and defendants
in the caption the top left of the
complaint. State your case in
your own words, using additional
pages if you need them. Your
signature, address, and telephone
number must appear on the last
page of your complaint. Exhibits
may be attached to your
complaint.
You must provide an original, 1
copy for the assigned judge, and
1 copy for each defendant named
in your complaint. If you are
suing the federal government or
one of its agencies, you need to
provide 3 extra copies.
Civil Cover Sheet (JS-44)
This is a form used by the Court
in preparing the docket for your
case.
Instructions for completing this
form appear on the reverse side
of the JS-44.
Only the original is required.
Appearance
The appearance form is used to
designate who will be acting as
the attorney for a party.
If you do not have an attorney
and will be proceeding without
counsel, fill in the appearance
form in accordance with the
instructions found on the reverse
side of the form, supplying your
name and address. Add the
words “pro se” next to your
name.
Only the original is required.
Filing fees
There is a fee of $400 for the
filing of a civil case other than a
writ of habeas corpus. If you are
unable to afford the fee, see the
information below about in
forma pauperis petitions.
NA
65
In Forma Pauperis Petition
This petition is used by a
plaintiff who requests approval
by the court for a civil case to
proceed without the prepayment
of the filing fee.
Complete all appropriate
sections of the petition, sign and
date.
You must provide an original and
1 copy for the assigned judge.
Motion for Attorney
Representation
This motion is a request that the
court appoint an attorney.
Complete the motion form in
accordance with the instructions
attached to the form.
You must provide an original and
1 copy for the assigned judge.
Summons
Complete the original and one
copy for service to each
defendant. Your own name and
address should appear under the
heading labeled “Plaintiff’s
Attorney.”
You must provide an original and
1 copy for each defendant named
in your complaint. If you are
suing the federal government or
one of its agencies, you need to
provide 3 extra copies.
66
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