Pro Se Guide

TO FILING YOUR LAWSUIT

IN FEDERAL COURT

Disclaimer:
This guide is intended to assist individuals wishing to file a civil action in the United
States District Court, Western District of Washington without an attorney, which is
referred to as appearing “pro se.” This manual is provided for informational purposes
only and does not constitute legal advice. The Federal Rules of Civil Procedure
(FRCP), this court’s Local Civil Rules (LCR) and the Electronic Case Filing System
(CM/ECF) Procedures control how civil cases must be filed and processed.

Rev. Jul-24
Table of Contents

Part One ............................................................................................ 5

BEFORE YOU FILE YOUR CASE.........................................................................5
Consider ways to resolve your dispute or problem outside of court. ........................... 5
Are you in the correct court? ................................................................................. 6
Types of cases filed in federal court ....................................................................... 7
Are your claims timely? ......................................................................................... 8
Other issues to consider ........................................................................................ 8

Part Two ............................................................................................ 8

FILING YOUR CASE .........................................................................................8
Rules that you must follow .................................................................................... 8
Required forms to file a new case .......................................................................... 9
Complaint............................................................................................................ 9
Civil Cover Sheet ................................................................................................ 10
Summons .......................................................................................................... 13
Application to Proceed In Forma Pauperis (IFP) ..................................................... 14
Application for Court-Appointed Counsel ............................................................... 14
Where to file your complaint ................................................................................ 15
What does the Clerk’s Office do with the case information?..................................... 16
Options for Payment of Copy and Filing Fees.......................................................... 17
What the Clerk’s Office can and cannot do ............................................................ 17

Part Three ......................................................................................... 18

ELECTRONIC FILING SYSTEM (CM/ECF) .......................................................... 18
Registration Requirements .................................................................................. 19
How to Register ................................................................................................. 19
E-Filer and E-Service Registration ........................................................................ 20
Complete the Registration Form .......................................................................... 20
PACER (Public Access to Court Electronic Records) ................................................. 21
Electronic Filing Assistance ................................................................................. 21
Electronic Filing Terminology .............................................................................. 22

Part Four ........................................................................................... 23

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 SERVICE OF SUMMONS AND COMPLAINT ....................................................... 23
What does service mean?.................................................................................... 23
When must service be done? ............................................................................... 23
How should summons be presented?.................................................................... 24
Who must be served? ......................................................................................... 24
Who serves the documents? ................................................................................ 24
How do you serve The United States, its agencies, corporations, officers, or
employees? ....................................................................................................... 24
How does the Court know when summons have been served? ................................ 25

Part Five ........................................................................................... 26

WHAT HAPPENS AFTER YOUR CASE IS FILED? ................................................. 26
Case assignment ................................................................................................ 26
Defendants do not file an answer ......................................................................... 27
Defendants file an answer ................................................................................... 27
Pretrial process .................................................................................................. 27
Discovery .......................................................................................................... 27
Dispositive motions ............................................................................................. 28
Trial process ...................................................................................................... 28
Judgment .......................................................................................................... 30
Notice of Appeal................................................................................................. 30

Part Six ............................................................................................. 31

FILING DOCUMENTS AFTER YOUR CASE IS OPEN ........................................... 31
Format of documents.......................................................................................... 31
Motions ............................................................................................................. 32
Noting dates ...................................................................................................... 32
Sealed documents .............................................................................................. 34
Oral argument ................................................................................................... 34
If You Move During Your Case- Change of Contact Information .............................. 34

Part Seven ........................................................................................ 35

RESOURCES THAT MAY HELP YOU ................................................................. 35
Washington State Legal Resources ....................................................................... 35
Federal Civil Rights Legal Clinic ............................................................................ 37

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Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Jul-24) Page | 4
Part One

BEFORE YOU FILE YOUR CASE

Consider ways to resolve your dispute or problem outside of court.

A
re you having a disagreement with another person, business, or government
agency? Are you thinking about going to court to ask a judge to resolve a
disagreement or solve a problem for you?

Federal court is one type of court that can help people resolve disputes. When two
or more people (or a person, business, or government agency) have a disagreement
and want a judge to resolve the dispute, it’s called a “case” or a “lawsuit.”

Before you decide to file a case in federal court, you may want to consider other
ways to solve your dispute.

 Try talking to the person, business, or government agency that

you feel has done something wrong by asking them to fix the
problem. Many government agencies have requirements or special rules you
must follow before filing a case in federal court.

 Seek help from other sources. There are a number of local and state-
wide agencies that may be able to assist you.

 Contact an attorney. An attorney will be able to help you determine if

federal court is the right place to solve your problem and provide you with
information about legal resources available in the community.

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You also have the right to file your case without an attorney, which is known as
proceeding, “pro se.” Appearing pro se means that you will be representing yourself
without the assistance of a lawyer.

If you decide to represent yourself, the court will treat you the same as it would an
attorney. You will be expected to state your issues clearly and concisely, meet all
deadlines, and follow the court rules.

Are you in the correct court?

Before filing a case in federal court, you first need to make sure that you are
filing it in the correct court. This can be especially important if you are working with
a deadline for certain statutes of limitations. Filing your case in the wrong court may
affect whether or not you meet those required deadlines.

Before filing your case in federal court, you may want to ask yourself the following
questions.

Is your case about a divorce, child custody, adoption, name change,

landlord-tenant dispute, or a will?

If so, you are likely in the wrong court. State courts generally hear family law
matters and landlord-tenant disputes. You can learn more about Washington
State Courts at www.courts.wa.gov. If in doubt, contact an attorney for legal
advice about your specific situation. The Clerk’s Office cannot make this
determination for you.

Is your case about a federal law, the denial of Social Security

benefits, other federal benefits, or a decision by a federal agency?

If so, you are likely in the right court.

Should you file your case in Tacoma or Seattle?

The U.S. District Court for the Western District of Washington has courthouses
in Seattle and Tacoma. Where you file your case depends on the county
in which the claim arose or where the defendant(s) reside, as established by
the Court’s Local Civil Rules (LCR).

A list of counties and their corresponding jurisdictional courthouses can be

found on the following page.

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If the defendant(s) reside in or the incident occurred in one of the following
counties, you should file your case in Seattle.

• Island County
• King County
• San Juan County
• Skagit County
• Snohomish County
• Whatcom County

If the defendant(s) reside in or the incident occurred in one of the following

counties, you should file your case in Tacoma.

• Clallam County
• Clark County
• Cowlitz County
• Grays Harbor County
• Jefferson County
• Kitsap County
• Lewis County
• Mason County
• Pacific County
• Pierce County
• Skamania County
• Thurston County
• Wahkiakum County

Types of cases filed in federal court

Federal courts are courts of limited jurisdiction and therefore, the following types
of cases may be filed here.

1. Cases where the United States government is a party to the

action.

Federal courts hear lawsuits involving the Social Security Administration,

Veterans Administration or cases against a federal agency, such as the
United States Postal Service or the Internal Revenue Service.

2. Cases brought under federal laws.

Federal courts hear specific types of cases arising under the United States
Constitution and federal laws such as damages at sea, federal tax matters
and other areas. Some federal laws may duplicate some state laws, such
as civil rights matters.

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 3. Cases where the parties reside in different states.

Lawsuits between parties residing in different states are governed by

“diversity” jurisdiction. For example, if you live in Washington and
you file a lawsuit against a defendant who lives in Oregon, the case
would be considered diversity.

Diversity cases must involve a claim of damages over $75,000. If you are
not seeking more than that amount, or your case does not involve federal
law of a government defendant, you may need to file your claim in state
court.

Are your claims timely?

The period of time set by law in which a lawsuit must be filed is called the “statute
of limitations.” This period of time usually begins when the injury occurs or a
right has been violated. If you fail to bring your claim within the timeframe allowed
by a specific statute, your lawsuit may be dismissed.

Other issues to consider

Before filing your case in federal court, please be aware of the following:

Frivolous or harassing lawsuits

The Federal Rules of Civil Procedures, FRCP 11(b), prohibits the filing of
lawsuits that are clearly frivolous or filed just to harass someone. If the judge
determines that you have filed a lawsuit for an improper or unnecessary
reason, sanctions may be imposed against you, including ordering that you
pay the legal fees of the party you sued.

What happens if you lose?

If you lose your case, the winning party may ask that you be ordered to pay
attorney fees. The winning party is also entitled to seek certain costs which
were incurred during the lawsuit. These costs can include deposition
transcript fees, witness fees, copy expenses, etc. These fees may add up to
thousands of dollars. It is very common for a winning party to seek costs
from the losing party.

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Part Two

FILING YOUR CASE

Before a judge can address the facts you are contesting, you must submit the required
documents to open a case in the United States District Court for the Western District of
Washington.

Rules that you must follow

Before you file a case, you should begin by reviewing the local and federal rules that
govern the filing of a case in this court. By appearing pro se and representing
yourself, the judge will expect you to be familiar with the court rules that govern
the filing of a civil lawsuit in federal court.

1. Federal Rules of Civil Procedure (FRCP)

The Federal Rules of Civil Procedure (FRCP) govern court procedures for
civil cases. A link to the federal rules can be found at
www.law.cornell.edu/rules/frcp

2. Local Civil Rules (LCR) for the Western District of Washington

This is a collection of local rules that are written for the practice of law in
the United States District Court for the Western District of Washington.
They are published in addition to the federal rules. Be aware that local
rules differ from court to court, so you should refer to the local rules of
the Western District of Washington.

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 The Local Civil Rules (LCR) and Federal Rules of Civil Procedures (FRCP)
can be found on our website at www.wawd.uscourts.gov/representing-
yourself-pro-se

3. Western District of Washington’s Electronic Filing System

(CM/ECF)

Information about how to register to file and receive documents

electronically through the court’s Electronic Filing System (CM/ECF) can
be found in Part Three of this guide or on our website at
wawd.uscourts.gov/attorneys/cmecf

Required forms to file a new case

The following documents are required to file a new case.

1) Complaint form

2) Civil Cover Sheet

3) Payment of the filing fee ($405.00) or submittal of an Application to Proceed

In Forma Pauperis – commonly referred to as an “IFP” – requesting that the
court waive the filing fee. Additional information about how to submit an IFP
can be found on page 14.

Complaint

To file a new case, you must first complete a document called a “Complaint.”
A complaint is a legal document that describes why you believe the defendant(s)
violated the law and what you want the court to do about it.

To file a case, you must follow the procedures outlined below.

1. Select the correct complaint form based on the type of case you
are filing. Complaint forms can be found on our website at
www.wawd.uscourts.gov/court-forms under “Self-Representation”
or by calling the Clerk’s Office in Seattle (206-370-8400) or Tacoma
(253-882-3800) to request a complaint form be mailed to you.

2. Documents must be typed or neatly written in blue or black ink

(no pencils) on white, 8½ x 11 paper. Do not write on both sides
of the paper. You must include your name, address and phone
number on each document submitted.

3. All documents must be dated and signed with an original

signature, as established by FRCP 11(a).

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 4. In the body of the complaint, explain in detail what happened, where
it happened, when it happened, how it happened and who was
involved.

5. You may also choose to supplement your complaint in the form of

an “exhibit.” An exhibit is a document, record or physical object.
For example, medical reports, transcripts or photographs.

6. Documents with personal identifiers must be redacted (blacked out)

or removed before they are filed, as established by LCR 5.2(a).
• Dates of birth (redact to year of birth)
• Names of minor children under 18 (redact to initials)
• Social security numbers (remove entirely)
• Financial account numbers (redact to last four digits)
• Taxpayer identification numbers (remove entirely)
• Passport ID numbers (remove entirely)
• Driver license numbers (remove entirely)

Civil Cover Sheet

A “Civil Cover Sheet” is a document that provides the court with basic information
about your case and must be filed when you submit your initial documents, as
established by LCR 3(a). The Civil Cover Sheet can be found at the end of this
guide or on our website at www.wawd.uscourts.gov/court-forms under “Civil.”

Section I - Parties

Section 1(a): Your name and name(s) of the defendant(s).

Section 1(b): Your county and county of first listed defendant.

Section 1(c): Since you are appearing pro se, write your name,
address and phone number under “Attorneys.”

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Section II – Basis of Jurisdiction

This section lets the court know what type of case you are filing.

1. Government – Plaintiff: This box is for government agencies only.

2. Government – Defendant: Mark this box if you are filing a case

against a federal agency or the United States government.

3. Federal Question: Mark this box if your case is about a federal law.

4. Diversity: Mark this box if the defendant(s) live in another state or

country; is not a federal agency or if your case involves a claim valued
over $75,000.

Section III – Citizenship of Principal Parties

This section is only used if you marked “Diversity” in Section II. Diversity refers to
cases where the parties involved are from different states or countries. If
“Diversity” was chosen, mark the correct box where you and the first listed
defendant(s) are located.

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Section IV – Nature of Suit

You can only choose one box. If your complaint includes multiple claims, select the
one that most closely represents what your case is about.

Section V – Origin

This section has several options to choose from. Origin (1) “Original Proceeding,”
is frequently chosen as it indicates you are filing a new lawsuit. However, if you are
filing a case that you are removing from state court to federal court, you should
choose (2) “Removed from State Court.”

Section VI – Cause of Action

In this section, you will provide a brief statement explaining what your case is about.

Section VII – Requested in Complaint

The only information you will complete in this section is the jury demand box, as
established by LCR 38(b).

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Section VIII – Related Case(s) If Any
Complete this section if you currently have or have had cases in this court or other
federal courts with the same defendant(s). If so, add the name of the judge and
case number to the form. You are also required to file a “Notice of Related
Cases,” listing the case information. As the court does have a general form to use,
you may create your own.

Sign and Date Form

Because you are appearing pro se (i.e., acting as your own attorney), you must sign
and date the box at the bottom of form under, “Signature of Attorney of Record.”

Summons

A “Summons” is a document that demands that the defendant(s) respond to your

complaint. You must fill out the required fields on the summons form before
submitting it to the court. The form may be found on our website at
www.wawd.uscourts.gov/court-forms under “Civil” and at the end of this guide.

If you pay the filing fee, summons can be issued immediately. If you file an IFP,
summons will not be issued until the motion is granted and the clerk receives
permission from the court to do so. The clerk will then sign and adhere the court’s
seal to the summons. The clerk can only issue summons for defendant(s) listed on
the complaint.

After summons have been issued and the defendant(s) have been “served” a copy
of the complaint and accompanying documents, you must file a document called
a “Proof of Service,” which is on the second page of the summons form. This
document provides proof to the court that the defendant(s) have been properly
served with your lawsuit. See Part Four of this guide for more information.

If you prefer to wait and have summons issued later, you may submit them with a
“Praecipe” form. A praecipe is a document asking the court to take official action
on a specific request. Praecipe forms can be found on our website at
www.wawd.uscourts.gov/court-forms under “Civil.”

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Application to Proceed In Forma Pauperis (IFP)

The filing fee to open a case in federal court is $405.00.

If you cannot afford to pay the filing fee, you can apply to have the fee "waived,"
which means your case may proceed without payment of the filing fee. In order
to make that request, you must complete an “Application to Proceed In Forma
Pauperis” – commonly referred to as an “IFP” – and submit it with your initiating
documents.

It is very important to fill out the form completely as the judge will use this
information to determine if you have the financial ability to pay the filing fee.

Once a decision has been made, a copy of the order will be mailed to you at the
address listed on the complaint. Summons will not be issued until the IFP has been
granted and the court gives the clerk permission to do so.

The IFP form can be found at the end of this packet or on our website at
www.wawd.uscourts.gov/court-forms under “Self-Representation.”

Application for Court-Appointed Counsel

If you cannot afford an attorney but would like to request one be appointed, you can
submit an “Application for Court-Appointed Counsel.” Although this option
is available, there is no right to representation in civil matters and no guarantee that
the judge will appoint an attorney in your case.

The judge may base his or her decision on several factors, including but not limited
to:
1. Do you have the financial ability to hire counsel?
2. Have you made reasonable efforts to hire counsel on your own?
3. Can you prepare and present your case without the help of an
attorney?
4. How complex is your case?

To request an attorney, you must complete the correct form based on the type of
case you are filing. One form is specifically for civil rights cases and the other for
employment discrimination cases. Both forms can be found at the end of this
guide and on our website at www.wawd.uscourts.gov/court-forms under “Self-
Representation.” If your claims do not fall under either category, you can create
your own form and submit it to the court.

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Where to file your complaint

1) In Person

The Clerk’s Office window is open to the public Monday-Friday from 9am to
4pm. Please make sure you have completed and signed all of the required
forms before submitting them to the court.

If you arrive outside of those hours, documents may be filed via the locked
drop box located in the lobby of both courthouses. Once your case has been
opened, you will receive a letter in the mail with the case number and judge
assignment.

2) By Mail

Documents may also be mailed to the Seattle or Tacoma courthouse. Where

you mail them is based on the county where the incident took place or
where the defendant(s) reside (see page 6). After your case has been
opened, you will receive a letter with the case number and judge
assignment. All documents filed after the case has been assigned should
be mailed to the courthouse where your judge is located.

Seattle Tacoma

U.S. District Court U.S. District Court

700 Stewart St., Suite 2310 1717 Pacific Ave., Room 3100
Seattle, WA 98101 Tacoma, WA 98402
(206) 370-8400 (253) 882-3800

3) Email

You also have the option of submitting new case documents electronically.
Where you email them is based on the county where the incident took place
or where the defendant(s) reside (see page 6).

Seattle: [email protected]

Tacoma: [email protected]

You are only permitted to email documents when filing a new case. Once a
judge has been assigned, documents must be submitted in person, through
the mail or via the court’s electronic filing system, if registered (see page 18).

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What does the Clerk’s Office do with the case information?
If you pay the filing fee, the clerk will:

1) Randomly assign a case number and judge, based on the county

where the incident took place or where the defendant(s) reside.

2) Social Security appeals are randomly assigned to judges in Seattle

or Tacoma, regardless of where you reside.

3) Issue summons, if submitted.

If you file an IFP requesting that the court waive the filing fee, the clerk
will:

1) Randomly assign a case number and judge, based on the county

where the incident took place or where the defendant(s) reside.

2) Social Security appeals are randomly assigned to judges in Seattle

or Tacoma, regardless of their location.

3) Summons will not be issued until an order is entered by the court

and the clerk is given permission to issue them.

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Options for Payment of Copy and Filing Fees

The Clerk’s Office accepts the following forms of payment:

• Visa, MasterCard, American Express and Discover

• Personal checks, cashier checks and money orders

What the Clerk’s Office can and cannot do

Although the clerk can answer most questions, we are legally prohibited from
providing legal advice.

We can:

 Answer general questions about how the court works, including

providing you with the required forms to open a new case.

 Provide general information about court policies and procedures.

We cannot:

 Give legal advice. This policy applies to all parties, including

attorneys.

 Tell you whether you should file a case or what information to include
in your court pleadings.

 Talk to the judge for you or let you talk to the judge outside of court.

 Determine when a decision will be made on your IFP or other

pending motions as well as interpreting court orders.

 Interpret court rules.

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Part Three

ELECTRONIC FILING SYSTEM (CM/ECF)

W
hen filing a new case, you must either pay the $405.00 filing fee or
submit a Motion to Proceed In Forma Pauperis – referred to as an “IFP” –
asking that the court waive the filing fee.

Once the filing fee has been paid or the court has granted your IFP, you have the
option of filing documents directly into the Case Management/Electronic Case Filing
System, referred to as “CM/ECF.” The CM/ECF program allows you to
electronically file documents in your case directly into the system – commonly
known as “e-filing” – without having to deliver them in person or through the mail.
The term, “e-file” differs from “email” in that the court does not accept pleadings
via email. The CM/ECF system allows you to receive and view via email everything
that has been filed by you, the judge, the defendants, or any other parties in your
case.

Information about how to directly file documents into CM/ECF, the rules and
procedures that must be followed and the ECF User Manual can be found on our
website at www.wawd.uscourts.gov/representing-yourself-pro-se/how-to-e-file.
You will also find a CM/ECF Pro Se Registration Form at the end of this guide. It
is important that you review the registration form carefully as it is your
responsibility to comply with the court’s electronic filing procedures.

For questions, please contact the ECF Support Team at (206) 370-8440, option#2
or via email at [email protected].

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Registration Requirements

You are not required to use the court’s electronic filing system. If you are not
computer savvy or do not have access to a computer, we recommend that you file
your documents in person or through the mail.

The following requirements must be met to register for electronic filing:

• The filing fee has been paid or the Motion to Proceed In Forma Pauperis
(IFP) has been granted.

• You are a party to the case for which you are applying for electronic filing.

• You meet the following technical requirements:

1. A personal computer with Internet access.

2. Internet Explorer or Firefox browser. Other browsers (Safari,

Google Chrome; Microsoft Edge) may have functionality issues
with the court’s ECF system and are not supported.

3. Software to convert your documents to PDF format (portable

document format) OR a scanner set to 200 dpi (dots per inch)
for scanning documents to PDF format.

4. Adobe Acrobat Reader software to view and save documents in

PDF format.

5. Experience and knowledge of word processing applications,

printers and the Internet.

6. An email account to receive notices of filings and court orders.

How to Register

The court offers two CM/ECF registration options:

1. E-Filer and E-Service

With this service, you can directly file documents through the court’s
CM/ECF system as well as receive service of court documents via email.

2. E-Service Only

With this service, you will receive court documents electronically via
email, but you must file all documents in person or through the mail.

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E-Filer and E-Service Registration

To successfully register to directly file documents in CM/ECF in this court, you

must complete the following steps:

1. Complete and submit the registration form, indicating which e-filing

service you are applying for.

2. Register for a PACER-Case Search Only account through

pacer.gov.

3. Register for Non-Attorney Filers access through pacer.gov.

Complete the Registration Form

A separate ECF Pro Se Registration Form must be submitted for every case
that you file in this court. You are also required to have a case number before
your account can be activated. The following instructions are designed to help
you successfully register to e-file in this court.

1. Complete all fields on the Pro Se Registration Form, including your name,
phone number, case number, email address and mailing address.

a) To receive service of documents and notice of electronic

filings to your email address, chose the FIRST option. This
option does not allow you to file documents electronically. Instead,
you must file a paper copy either in person or through the mail.

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 b) To file documents electronically, receive service of
documents and be notified via email when a document has
been filed, check the SECOND option. With this option, you
waive your right to file and receive documents in your case in person
or by other means. You will receive all documents electronically
from the court and other parties. A paper copy will not be mailed
to you.

2. Read the registration form carefully before signing and dating the
document.

3. Once you have completed the form, you can return it via email or through
the mail. The court’s email address and mailing address can be found at
the bottom of the registration form.

PACER (Public Access to Court Electronic Records)

Public Access to Court Electronic Records (PACER) is an electronic public service

database that allows users to obtain case and docket information from the United
States Federal Appellate Courts, United States District Courts and United States
Bankruptcy Courts.

Electronic access is available by registering with the PACER Service Center, the
judiciary's centralized registration, billing, and technical support center. Additional
information can be found on their website at www.pacer.gov or by calling (800) 676-
6856.

Electronic Filing Assistance

If you have questions about electronic filing, the CM/ECF support desk can be
contacted by phone or email.

(206) 370-8440
[email protected]
Monday – Friday, 8am to 5pm

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Electronic Filing Terminology

Available Events. A list containing the types of document(s) you are filing.

CM/ECF. Case Management/Electronic Case Filing.

Docket text. The official court record of your filing.

ECF Menu. The menu is the blue bar located at the top of the page. You will choose
“Civil” to begin filing your documents.

Login Screen. The screen where you will enter your ECF login and password. The
redaction agreement box to the right of the login must be checked to begin filing your
documents. NOTE: The “Client Code” field is not mandatory.

Main Document and Attachments. To search for a PDF document on your computer,
click on the “Browse” button. A main document example would be a motion. An
attachment example would be a proposed order or exhibit.

Notice of Electronic Filing (NEF). A receipt indicating your document has been
transmitted to the court. This will be sent to the email address provided to the court
when you registered for CM/ECF. You must save or print the notice. The notice will
include a copy of the filed document with a hyperlink (in blue) which will allow you to
view, print or save the document. Your availability to view the document will expire
fourteen days from the date of receipt.

You may view a document once without being charged by clicking on the document
number in the email you receive. This is known as the “free look.” Make sure you click
on the document once (not twice) or you may be charged a viewing fee by PACER,
which is currently .10 cents per page.

PDF. Portable Document Format. A document created with almost any word processing
program can be converted to a PDF. The PDF conversion program takes a picture of the
document, so it can be opened across a broad range of hardware and software systems,
with layout, format, links and images intact. Only documents in PDF format may be filed
with the court using the ECF system.

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Part Four

SERVICE OF SUMMONS AND COMPLAINT

What does service mean?

Y
ou are required to let the defendant(s) know that you have filed a case against
them. Once the filing fee has been paid or your IFP has been granted, you
can request that the clerk issue summons to each defendant listed on your
complaint. The original summons form will then be returned to you for
execution of service on the defendant(s). The court cannot serve the
defendant(s) on your behalf, except if ordered by the court.

It is your responsibility to ensure that each defendant receives a copy of the certified
summons form, a copy of your complaint and any other documents that were filed.
This process is called “service” or “serving the defendant.”

The rules for serving the complaint are different from the rules for serving other
documents. If the complaint is not properly served on the defendants, your case
could be subject to dismissal. The requirements for serving the complaint are
established by FRCP 4.

When must service be done?

The defendant(s) must be served within 90 days after the complaint is filed, as
established by FRCP 4(m). Since there are different rules for serving individuals living
in foreign countries, the United States, federal employees, federal agencies, minors
or incompetent persons, corporations and foreign, state or local governments,
please review FRCP 4 carefully to ensure defendant(s) are properly served.

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How should summons be presented?

Once the filing fee has been paid or the court grants your IFP, you may present
summons to the clerk for signature and seal, as established by FRCP 4(b). Summons
must be presented on the court’s form and can be found at the end of this guide or on
our website at www.wawd.uscourts.gov/court-forms under “Civil.”
0

Who must be served?

All defendant(s) named in your complaint must be served. Defendants who are not
served within the required time limit may be dismissed from your case. The clerk
can only issue summons for parties named as defendant(s) on the complaint.

You can ask any defendant that is an individual, corporation, or an association that is
subject to service, to waive service by sending a copy of the complaint, a Notice of
Lawsuit and Request for Waiver of Service (AO Form 398) and a Waiver of Summons
(AO Form 399), in accordance with FRCP 4(d). For the plaintiff, the benefit of waiving
service is not having to pay the cost of serving the summons. A defendant who
waives service is allowed extra time – 60 days - to respond to the complaint.
However, the United States and some other parties cannot waive service. If the
defendant refuses to waive service, then you must serve the documents (see the
next section).

Who serves the documents?

You are responsible for arranging to have the summons, complaint, and
supporting documents served to the defendant(s) within the timeframe established
by FRCP 4(m). Any person over the age of 18 and not a party to the case may
serve the required documents. NOTE: You may not serve your own documents.

In some cases, the judge may order that service be made by a United States
Marshal or someone appointed by the court, as established by FRCP 4(c)(3).

How do you serve The United States, its agencies, corporations,

officers, or employees?

FRCP 4(i) explains this process.

1. When the United States of America is a defendant (e.g., John

Doe V. United States) you may perfect service:

• By either (a) sending the summons and complaint by

registered or certified mail to the attention of the civil
process clerk in the United States Attorney’s Office in
the district where the complaint has been filed, or (b)
delivering the summons and complaint to the United
States Attorney for the district where the complaint has
been filed; and
• By sending the summons and complaint by registered or
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Jul-24) Page | 24
 certified mail to the United States Attorney General in
Washington D.C.
• If your complaint challenges the validity of an order of
an officer or agency not listed as a party to your case,
you must also serve the summons and complaint on the
officer or agency that issued the order by registered or
certified mail.

2. When a federal officer, agency, or corporation is a defendant

(e.g., John Doe v. Commissioner of Social Security or Jane Doe v.
Internal Revenue Service), you may perfect service:

 By following the steps above to serve the United

States Attorney and Attorney General; and
 By sending the summons and complaint by registered
or certified mail to the federal officer, agency, or
corporation named as the defendant.

You must perfect service within 90 days from the date the complaint has been filed,
or your case may be dismissed. You must also file proof of service for each defendant
with the clerk, in accordance with rules 4(l) and (m) of Federal Rules of Civil
Procedure.

How does the Court know when summons have been served?

Once the defendant(s) have been served, the original proof of service must be filed
with the court, as established by FRCP 4(l).

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Part Five

WHAT HAPPENS AFTER YOUR CASE IS FILED?

E
very case is unique and may or may not follow the steps outlined below. This
information is intended as a general guideline and not as the schedule for
your case. You will receive written communication from the court regarding
upcoming hearings or deadlines.

Case assignment

After your documents have been submitted, the clerk will randomly assign a case
number and judge, based on where the incident took place or where the
defendant(s) reside. You cannot request that a specific judge be assigned to your
case. Once you have been assigned a case number and judge, the case number
must be on every document you file with the court.

If your case has been assigned to a district court judge, he or she may refer your
case to a magistrate judge to handle different stages of your case leading up to trial.
A magistrate judge may preside over a civil action or proceeding, including a jury or
bench trial, pursuant to FRCP 73(a).

If you have questions after your case has been assigned a case number and judge,
you may contact the Clerk’s Office at the Seattle or Tacoma office (based on case
assignment) and ask to speak with a case administrator.

Seattle Clerk’s Office: 206-370-8400

Tacoma Clerk’s Office: 253-882-3800

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Defendants do not file an answer

If a defendant does not file an answer within the timeframe required by law, the
court may enter an order of default and default judgment, as established by FRCP
55(a)(b).

Defendants file an answer

If a defendant responds to the complaint by filing an answer or a motion, the

case will then proceed to the pretrial stage.

Pretrial process

The judge assigned to your case may schedule a “pretrial conference” after
discovery has been completed. A pretrial conference is a meeting between the
judge and the parties to narrow down the issues and resolve matters necessary to
the disposition of the case, as established by LCR 16(a)(1).

Discovery

To prepare a case for trial, the parties will conduct what is called “discovery.” The
purpose of discovery is to prepare the parties for trial by requiring each party to
assemble their evidence and be prepared to call witnesses to testify in court. Each
side may file requests or “motions” with the court seeking rulings on the discovery
of evidence or the procedures to be followed at trial.

Discovery is the pretrial process by which one party acquires potential evidence from
the opposing party via written interrogatories, depositions, and demands to produce
documents. Discovery documents are rarely, if ever, filed with the court.

As a general rule, a party may not seek discovery from any source before the parties
have held a planning conference as required by FRCP 26(f), FRCP 26(d). However, a
party may send a letter called a “litigation hold” or also called “preservation letters”
or “stop destruction requests”. The letter or communication basically advises the
other side of the possibility of future litigation and identifies the relevant documents
and electronically stored information which should be preserved.

The following are a few examples of common discovery documents.

 Deposition

A “deposition” is like an interview where you, the defendant(s) or

other witnesses answer questions in person and under oath. A deposition is
usually recorded by audio recording, video recording, or by a court
reporter, as established by FRCP 30.

You are solely responsible for the payment of fees associated with the
services of a court reporter.

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  Interrogatories

“Interrogatories” are written questions that must be answered in

writing and under oath, as established by FRCP 33.

 Requests for Production

These are written requests for documents and tangible items, like a
defective product. The term “document” can include all forms of items
such as drawings, graphs, charts, photographs, etc., as established
by FRCP 34.

 Requests for admission

These are written requests asking that you or the defendant(s) admit that
certain facts are true or that certain documents are genuine, as
established by FRCP 36.

Dispositive motions

During the course of the case, any party may file a “dispositive motion,” as
established by FRCP 12 and FRCP 56. Dispositive motions are requests asking
that the court dismiss one or more of the claims in favor of the moving party or
dismiss the case in its entirety.

Trial process

A. Basic courtroom rules

• Gum chewing, eating, drinking, sleeping, or loud talking are

not permitted in the courtroom.

• When the judge enters or departs the courtroom, you must

stand up.

• Call the judge “Your Honor” and speak loudly and clearly.

• Cameras or other recording devices are not allowed in the

courtroom. Cell phones must be completely turned off.

B. Bench trial versus jury trial

The United States court system has two types of trials, bench trials and
jury trials.

Bench trial

A bench trial takes place in front of a judge. The judge – after listening
to the evidence and legal arguments – will enter a final decision at the end
of the case (called a “finding”).

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 Jury trial

A jury trial takes place before a group of citizens who have been sworn to
consider the evidence presented at trial and decide whether the case has
merit and, if so, what damages should be awarded.

C. Opening statement

An “opening statement” is an opportunity for you to explain the issues

in dispute and summarize what you believe will be proven during trial
through witness testimony and evidence admitted by the court. The
defendant(s) are not required to make an opening statement but may
do so at the beginning of the trial or reserve it until after you have
finished presenting your case.

D. Evidence presentation

Following opening statements, you – as the plaintiff – will begin

presenting evidence to the judge or jury. Evidence can be presented
through witness testimony and physical evidence. Strict rules govern the
kinds of evidence that may be admitted and is governed by the Federal
Rules of Civil Procedure (FRCP) and this court’s Local Civil Rules (LCR).

E. Resting your case

When you have finished presenting all the evidence that you intend to
offer at trial, you will indicate to the judge that you have “rested” your
case.

F. Defense and rebuttal

After you have rested your case, the defendant(s) will have an opportunity
to call witnesses and offer evidence to the judge or jury. You may then
offer evidence in rebuttal to explain or deny the defendant’s evidence.

G. Closing argument

After each side has rested, the next step is the presentation of “closing
argument”. Closing argument is an opportunity for each party to
summarize the evidence presented during the trial before the judge or jury
enters a final decision.

H. Jury instructions (if applicable)

At the end of the presentation of evidence and after closing arguments,

the judge will read the jury a set of legal standards, called “jury
instructions.” These instructions are given to assist the jury in deciding
whether the defendant should be held accountable for the plaintiffs’
alleged harm.

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 I. Verdict

If the case was tried before a jury

Once a decision has been reached by the jury, the verdict will be
announced in open court with all parties present.

If the case was tried before the court (bench trial)

The judge may enter a finding immediately or – which is more common –

inform the parties that additional time is needed to consider the evidence
presented at trial. Once a decision has been made, the court will enter a
written finding and notify the parties.

Judgment

If you prevail at trial or win the case by default, the judge will direct the clerk to
prepare a judgment indicating the amount of damages you have been awarded. The
judgment will include the exact amount – in dollars and cents – and which defendant
owes you how much money. The clerk will then prepare and sign a judgment pursuant
to the court’s order.

If you lose at trial or by summary judgment, the judge will direct the clerk to
prepare a judgment stating that the defendant does not owe you damages. The
defendant may also request the judge order you to pay costs and attorney fees
associated with defending the case. The clerk will then prepare and sign a judgment
pursuant to the court’s order.

Notice of Appeal

If you are not satisfied with the outcome of the trial, you may file an “Appeal,” which
is an application to a higher court to reverse the decision made by a judge or jury in
a lower court.

Appeals from this court are decided by the United States Court of Appeals for the
Ninth Circuit, commonly referred to as the “Ninth Circuit.” Time limits associated
with filing an appeal can be found in the Federal Rules of Appellate Procedure, Rule
4.

The fee to file an appeal is $505.00 unless the judge granted your IFP in this court.
However, it is ultimately the decision of the Ninth Circuit whether you will need to
pay the filing fee in their court. If you paid the filing fee for your case in this court
but you cannot afford to pay the appeal fee, you may file an IFP with your appeal.

To file an appeal, you must submit a “Notice of Civil Appeal” which can be found
on our website at www.wawd.uscourts.gov/court-forms under “Civil.”

Information about the Ninth Circuit Court of Appeals can be found on their website
at www.ca9.uscourts.gov or by phone at (415) 355-8000.

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Part Six

FILING DOCUMENTS AFTER YOUR CASE IS OPEN

O
nce your case has been filed, you will need to familiarize yourself with the
rules regarding how documents are to be submitted to this court.

The judge assigned to your case may have specific requirements for how they want
documents to be presented. The web page for each judge – along with links to the
Local Civil Rules (LCR) and Federal Rules of Civil Procedure (FRCP) – can be found on
our website at www.wawd.uscourts.gov/representing-yourself-pro-se.

Once your case has been opened, documents must be filed in paper form or
electronically, if registered. In addition, you must serve the defendant(s) with a copy
of all documents you file, as established by FRCP 5 and LCR 5.

The clerk can assist you to a certain extent, but as stated throughout this
manual, we are not allowed to provide legal advice. If you have questions about
whether you should do something in your case, we suggest you consult with an
attorney.

Format of documents

Documents must be submitted on 8½” x 11” white paper, bear 25-line numbers in
the left margin, include the case caption, case number and typed or neatly written.
If you submit pleadings in writing, use black or blue ink (no pencils) and write legibly
on one side of the paper only. All documents must be signed and dated with an
original signature and include your name, address and phone number.

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Motions

To request that the court review and make a decision on a particular issue in your
case, you can file a “Motion.”

Motions must be filed in paper or electronically – if registered – and served on all

parties. For most motions, the opposing party can file a response and the party who
filed the motion can then file a reply.

All motions must include a “Noting Date”. This is the date the motion will be
ready for the judge’s review. The noting date must appear on the face of the
motion directly under the document title, as established by LCR 7.

Noting dates

A. Same day motions

The following motions may be noted for the same day they are filed. A
response or reply is not permitted unless ordered by the court.

 Stipulations and agreed motions, as established by LCR 10(g).

 Motions to file over-length motions or briefs, as established by LCR
7(f).
 Motions for reconsideration, as established by LCR 7(h).
 Joint submissions pursuant to the optional procedure, as established
by LCR 37(a)(2).
 Motions to appoint a mediator, as established by LCR 39.1(c)(3).
 Motions for default, as established by LCR 55(a).
 Requests or motions to enter default judgment when the opposing
party has not appeared, as established by LCR 55(b)(1).
 Ex parte motions, as established by LCR 55(b)(2).
 Motions for a temporary restraining order (TRO), as established by
LCR 65.

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 B. 14-day motions

The following types of motions cannot be noted earlier than 1 4

c a l e n d a r d a y s after they are filed. Unless otherwise ordered by the
judge, the response is due no later than 9 days after the filing of the motion;
the reply is due by the noting date.

 Motions for relief from a deadline, as established by LCR 7(d).

 Motions for protective orders, as established by LCR 7(d).
 Motions to seal, as established by CR 5(g).

C. 21-day motions

Non-dispositive motions, except those specifically listed in other parts of LCR

7(d), cannot be noted any earlier than 21 calendar days after they are filed.
The response is due by 15 days after the filing date and the reply is due by
the noting date, unless otherwise ordered by the judge.

Examples of non-dispositive motions include, but are not limited to, motions
to amend pleadings, motions to remand and motions to compel discovery.

D. 28-day motions

The following types of motions cannot be noted any earlier than 28

calendar days after they are filed. The response is due by 21 days after
the date of filing and the reply is due by the noting date, unless otherwise
ordered by the judge.

 Motions to dismiss, as established by LCR 7(d)(3).

 Motions for preliminary injunction, as established by LCR 7(d)(3).
 Motions for class certification, as established by LCR 7(d)(3).
 Motions changing the forum through remand, transfer or to
compel arbitration, as established by LCR 7(d)(3).

E. Motions in limine

“Motions in limine” are motions filed by a party asking the judge for an
order or ruling limiting or preventing certain evidence from being presented
by the other side at the trial, as established by LCR 7(d)(4).

Motions in limine cannot be noted any earlier than 21 calendar days after
filing but no later than 6 days before the pretrial conference, unless
otherwise ordered by the judge.

After a party files a motion in limine, the response is due by the Monday
before the noting date. A reply is not permitted unless ordered by the judge.

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Sealed documents

If you are filing a document that you want sealed from public view, you must first
seek permission from the judge. The request must be submitted in the form of a
“ Motion to Seal” and include a proposed order and declaration or affidavit
supporting your motion.

Sealed documents cannot be electronically filed and must be submitted in person

or through the mail, as established by LCR 5(g)(9).

The rule regarding the presentation of sealed documents are established by LCR
5(g)(3). The document(s) must be presented in a sealed envelope with the caption,
case number and phrase, “FILED UNDER SEAL” on the front of the envelope.
The envelope must be delivered in person to the Clerk’s Office.

If the judge grants your motion to seal or permits a document to remain under
seal, the document will remain sealed until further order of the court, as established
by LCR 5(g)(7).

If the judge denies your motion to seal, the clerk will unseal the document. In addition,
the party who is relying on the sealed document may also request that the court
withdraw the document from the record rather than unseal it, as established by
LCR 5(g)(6).

Once a document is filed under seal, no one, including the party who filed the
document(s), can access, retrieve, review, or print the document unless a
motion to unseal is granted by the judge, as established by LCR 5(g)(8).

Oral argument

To request oral argument on a motion, “Oral Argument Requested” must be

written under the case number and document title. If the request for oral argument
is granted, the parties will be contacted as to the date and time of argument, as
established by LCR 7.

If You Move During Your Case- Change of Contact Information

If your address, phone number or email address (if registered for electronic filing)
changes, you must file a written notice within 10 (ten) days of the change, as
established by LCR 10(f). All subsequent pleadings, motions, or other filings must
reflect the new contact information.

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Part Seven

RESOURCES THAT MAY HELP YOU

I
f you cannot afford to hire an attorney, there are several agencies offer legal
services. The following list is provided as a courtesy and by no means
encompasses all legal resources available in the State of Washington.

Washington State Legal Resources

Clark County Volunteer Lawyers Program

(360) 695-5313
www.ccvlp.org

Clallam – Jefferson County Pro Bono Lawyers

(888) 201-1014
www.cjcpbl.org

Columbia Legal Services

(800) 542-0794
www.columbialegal.org

Cowlitz – Wahkiakum Legal Aid

(360) 425-2579
www.cwlap.org

Eastside Legal Assistance Program

(425) 747-7274
www.elap.org

Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Jul-24) Page | 35
King County Neighborhood Legal Clinics
(206) 267-7070
www.kcba.org/For-the-Public/Free-Legal-Assistance

Island County Volunteer Lawyer Program

(888) 201-1014
www.islandcountylegal.org

Kitsap County Legal Services

(360) 479-6125
www.kitsaplegalservices.org

Lewis County Legal Aid

(360) 748-0430

Northwest Immigrant Rights Project

(206) 587-4009
www.nwirp.org

Northwest Justice Project

(888) 201-1014
www.nwjustice.org

Snohomish County Legal Services

(425) 258-9283
www.snocolegal.org

Tacoma Pro Bono Community Lawyers

(253) 572-5134
www.tacomaprobono.org

Tacoma-Pierce County Lawyer Referral Service

(253) 383-3432
www.tpcba.com/public/lawyer-referral-service

Thurston County Volunteer Legal Services

(360) 705-8194
www.tcvls.org

Washington State Bar Association

(206) 443-9722 • (800) 945-9722
www.wsba.org/resources-and-services/find-legal-help

Whatcom County LAW Advocates

(360) 671-6079 Ext 15
www.lawadvocates.org

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Federal Civil Rights Legal Clinic

The Federal Bar Association for the Western District of Washington offers free, limited
legal advice and referrals to King and Pierce County residents. The Clinic focuses on
Washington State residents who are contemplating filing or have already filed legal
actions in the Western District of Washington and are encountering challenges
accessing the legal system. Volunteer attorneys cannot provide legal representation
but can refer you to other community resources. The Clinic is accessible regardless
of one’s disability or fluency in English.

Please note that all clinic sessions are by appointment only.

Seattle Appointments Tacoma Appointments

To make an appointment, call To make an appointment, call

206.267.7070 and press “1” to 253.368.6690. Phones lines are
leave a message. You may also open Monday through Thursday
submit an online form at from 10:00am to 3:00pm
www.kcba.org/nlc
Appointments are scheduled
Appointments are scheduled the first Thursday of every
four Thursdays per month from month from 12:00pm to 2:00pm
12:00pm – 2:00pm

NOTE: The Clerk’s Office is not associated with the legal clinic and cannot assist
with making appointments or answering questions about their services. Flyers for
both locations can be found at the end of this packet or on our website at
www.wawd.uscourts.gov/representing-yourself-pro-se.

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