Pro Se Guide To Filing Your Law Suit in Federal Court
Pro Se Guide To Filing Your Law Suit in Federal Court
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. Dec-23
Table of Contents
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 2
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 does the Court know when summons have been served? ................................ 24
How can I get the defendant to waive service? .................................................... 24
What if I requested a waiver of service and the defendant doesn’t send it back? ..... 25
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 3
Part One
BEFORE YOU FILE YOUR CASE
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.
▪ Seek help from other sources. There are a number of local and state-
wide agencies that may be able to assist you.
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.
Before filing your case in federal court, you may want to ask yourself the following
questions.
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.
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).
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 5
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
• Mason County
• Clark County
• Pacific County
• Cowlitz County
• Pierce County
• Grays Harbor County
• Skamania County
• Jefferson County
• Thurston County
• Kitsap County
• Wahkiakum County
• Lewis County
Federal courts are courts of limited jurisdiction and therefore, the following types of
cases may be filed here.
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.
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 6
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.
Before filing your case in federal court, please be aware of the following:
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.
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 7
Part Two
B efore 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.
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.
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.
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.
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.
1. Complaint form
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.
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 9
“exhibit.” An exhibit is a document, record or physical object. For
example, medical reports, transcripts or photographs.
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(c): Since you are appearing pro se, write your name,
address and phone number under “Attorneys.”
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 10
This section lets the court know what type of case you are filing.
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.
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 11
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.”
In this section, you will provide a brief statement explaining what your case is about.
The only information you will complete in this section is the jury demand box, as
established by LCR 38(b).
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 12
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.
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
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.”
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 13
Application to Proceed In Forma Pauperis (IFP)
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.”
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 their decision on several factors, including but not limited to:
3. Can you prepare and present your case without the help of an attorney?
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 14
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
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
3. E-mail
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 e-mail 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).
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 15
What does the Clerk’s Office do with the case information?
1. Randomly assign a case number and judge, based on the county where the
incident took place or where the defendant(s) reside.
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.
3. Summons will not be issued until an order is entered by the court and the
clerk is given permission to issue them.
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 16
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 17
Part Three
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 “e-mail” in that, outside of initial case opening, the court does not accept
pleadings via e-mail. 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/attorneys/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 CM/ECF Support Team at (206) 370-8440, option#2
or via email at [email protected].
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 18
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.
4. Adobe Acrobat Reader software to view and save documents in PDF format.
How to Register
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 19
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 for which e-filing
service you are applying.
2. Register for a PACER-Case Search Only account through pacer.gov (if you do
not already have an account).
3. Submit a Non-Attorney Filers access request from your PACER -Case Search
Only account.
You must submit a separate CM/ECF Pro se registration form 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. Requests
cannot be processed for incomplete registration forms.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 20
b. To file documents directly in the Court’s electronic filing system
(CM/ECF), 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.
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 phone or email:
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 21
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
Available Events: A list containing the types of document(s) you are filing.
ECF Menu: The menu is the white 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 PACER login and password
(“Client Code” is not mandatory). The redaction agreement box that pops up after you
log in must be checked to begin filing your documents.
Notice of Electronic Filing (NEF): A receipt indicating your document has been
transmitted to the court. This will be sent to the e-mail address provided to the court
when you registered for CM/ECF. 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. You
must save or print the notice and document(s). 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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 22
Part Four
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.
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 23
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.”
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 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.
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 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).
Waiving service means agreeing to give up the right to service in person and instead
accepting service by mail. If a defendant waives service, you will not have to go to
the trouble and/or expense of serving that defendant. If the defendant agrees to
waive service, you need the defendant to sign and send back to you a form called a
“waiver of service,” which you then file with the Court.
You can ask for a waiver of service from any defendant except:
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 24
• A foreign, state, or local government
To request waiver of service from a defendant, you will need two forms:
You can obtain these forms from the Clerk’s Office or download them from the
Court’s website (wawd.uscourts.gov/court-forms).
To request waiver of service, complete and send these two forms to the defendant
by first-class mail along with a copy of the complaint, and other required documents,
plus an extra copy of the request to waive service and a self-addressed, stamped
envelope. In choosing a due date on the form, you must give the defendant a
reasonable amount of time to return the waiver of service―at least 30 days from the
date the request is sent (or 60 days if the defendant is outside the United States).
If the defendant sends you back the signed waiver of service, you do not need to do
anything else to serve that defendant. Just file the defendant’s signed waiver of
service form with the Court and save a copy for your files.
Review Rule 4(c) & (d) of the Federal Rules of Civil Procedure regarding service and
waiver of service.
If the defendant does not return a signed waiver of service by the due date, you
need to arrange to serve that defendant in one of the other ways approved by Rule 4
of the Federal Rules of Civil Procedure. You may ask the Court to order the defendant
to pay the costs you incurred serving that defendant.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 25
Part Five
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, they 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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 26
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).
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.
▪ Deposition
You are solely responsible for the payment of fees associated with the
services of a court reporter.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 27
▪ Interrogatories
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.
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
• When the judge enters or departs the courtroom, you must rise if you
are able to do so.
• Call the judge “Your Honor” and speak loudly and clearly.
The United States court system has two types of trials, bench trials and
jury trials.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 28
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”).
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
D. Evidence presentation
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.
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 29
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.
I. Verdict
Once a decision has been reached by the jury, the verdict will be
announced in open court with all parties present.
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 30
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 $605.00 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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 31
Part Six
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 32
Motions
To request that the court review and make a decision on a particular issue in your
case, you can file a “Motion.”
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
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.
The following types of motions cannot be noted earlier than the second
Friday after they are filed. Unless otherwise ordered by the judge, the
response is due by the Wednesday before the noting date and the reply is
due by the noting date.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 33
▪ 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).
The following types of motions cannot be noted any earlier than the
fourth Friday after they are filed. The response is due by the Monday
before the noting date and the reply is due by the noting date, unless
otherwise ordered by the judge.
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 the third Friday after
filing but no later than the Friday 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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 34
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.
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
If your address, phone number or email address (if registered for electronic filing)
changes, you must file a written notice within ten days of the change, as established
by LCR 10(f). All subsequent pleadings, motions or other filings must reflect the new
contact information.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 35
Part Seven
I
f you cannot afford to hire an attorney, there are several agencies that 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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 36
Island County Volunteer Lawyer Program
(888) 201-1014
www.islandcountylegal.org
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 37
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.
Due to COVID-19, all clinic sessions will be conducted over the phone and are by
appointment only.
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.
Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Dec-23) Page | 38
WAWD (Rev. 2/2018) IFP and Written Consent
Case Number:
Plaintiff
DECLARATION AND APPLICATION
vs.
TO PROCEED IN FORMA PAUPERIS
AND WRITTEN CONSENT FOR
PAYMENT OF COSTS
Defendant(s)
DECLARATION AND APPLICATION TO PROCEED IN FORMA PAUPERIS
I (print your name) declare I am the plaintiff in this case; I believe I am
entitled to relief; and I am unable to pay the costs of this proceeding or give security therefor. The nature of
my action is briefly stated as follows:
Yes Total amount of spouse's net monthly salary (take home pay) $
No Date of spouse's last employment Total amount of last net monthly salary $
3. For the past twelve months, list the amount of money you and/or your spouse have received from any of
the following sources.
a. Business, profession or other self-employment $
b. Income from rent, interest or dividends $
c. Pensions, annuities or life insurance payments $
d. Disability, unemployment, workers compensation or public assistance $
e. Gifts or inheritances $
f. Money received from child support or alimony $
g. Describe any other source of income $
Page 1 of 2
4. List the amount for each of the following for you and/or your spouse:
5. Do you and/or your spouse own or have any interest in any real estate, stocks, bonds, notes, retirement
plans, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)?
If Yes, describe the property and state its approximate value:
Yes
$
No
6. Are any persons dependent upon you or your spouse for support? If Yes, state their relationship to you
or your spouse, and indicate how much is contributed toward their support each month. (Do not include
names of minor children. )
Yes
$
No
7. Describe the types of monthly expenses you incur, such as housing, transportation, utilities, loan
payments, or other regular monthly expenses and the amount spent each month.
8. Provide any other information that will help explain why you cannot pay court fees and costs.
I declare under penalty of perjury that the foregoing is true and correct.
(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
THE 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
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
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. 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.
VIII. 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.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 06/12) Summons in a Civil Action
)
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
2 Describe briefly the efforts you have already made to retain an attorney. Indicate as accurately
3 as possible how many attorneys you have contacted, and over what period of time. You need not
4 identify the specific attorneys, and should not indicate the reasons they declined to represent you.
5 ________________________________________________________________________________
6 ________________________________________________________________________________
7 ________________________________________________________________________________
8 ________________________________________________________________________________
9 __________________________________________________________________________________
10 MERITS OF CLAIM
11 Has the Equal Employment Opportunity Commission, the Washington State Human Rights
12 Commission, or other state or federal agency officially determined whether there is reasonable cause
13 to believe that the allegations of your complaint are true?____________. If so, please identify the
14 agency which made the finding, and the conclusion the agency reached. _______________________
15 ________________________________________________________________________________
16 ________________________________________________________________________________.
17 If there has been no such finding in your favor by a government agency, you may attach a brief
18 statement showing why your claim has merit. Do not include exhibits or other evidence. Your
20
21 AUTHORIZATION FOR RELEASE OF INFORMATION TO
MEMBERS OF THE CIVIL RIGHTS CASE SCREENING COMMITTEE
22
23 I hereby authorize the Equal Employment Opportunity Commission and the Washington State
24 Human Rights Commission to furnish to members of the Federal civil Rights Case screening Committee
25 and to any attorney subsequently selected by the Court to represent me with a copy of the files
27
28 Application for Court-Appointed Counsel in Title VII Action 2
1 AFFIDAVIT OF SERVICE
2
3 The following is a list of all other parties, and their respective attorneys, who have appeared or
5 PARTY ATTORNEY
6 ______________________________________ _______________________________________
7 ______________________________________ ________________________________________
8 ______________________________________ ________________________________________
9
10 I have directed a copy of this entire Application, by mail or by personal service, to the attorney
13 this entire Application, including any attachments, and the Complaint. In accordance with 28 U.S.C.
14 § 1746, I declare under penalty of perjury that the foregoing information is true and correct.
16
17
18
19 ___________________________________________
Signature of Plaintiff
20
21 Plaintiff’s Name, Address and Telephone:
22 _______________________________________________
23 _______________________________________________
24 _______________________________________________
25 _______________________________________________
26
27 Application for Court-Appointed Counsel in Title VII Action 3
28 Revised 11/03
PRO SE CM/ECF REGISTRATION MANUAL
CONTENTS
PRO SE E-FILER AND/OR E-SERVICE REGISTRATION ...............................................................................................................1
Requirements: ......................................................................................................................................................1
Registration Steps: ...............................................................................................................................................2
SUBMIT CM/ECF REGISTRATION FORM FOR PRO SE FILERS....................................................................................................2
REGISTER FOR A PACER – CASE SEARCH ONLY ACCOUNT .....................................................................................................3
REQUEST NON-ATTORNEY FILERS ACCESS TO CM/ECF VIA YOUR PACER-CASE SEARCH ONLY ACCOUNT .......................................3
Requirements:
As a pro se filer, you have the option of registering to file directly in this Court’s CM/ECF system and/or
receive electronic service for individual cases in our Court if you meet the following requirements:
• You meet all technical requirements (Section II).
• You are a party to the case for which you are registering.
• You already opened the case and paid the filing fee, or the Court granted a fee waiver (if
applicable).
• An attorney does not currently represent you in the case.
Note: With this option, you waive your right to file documents in your case in person or
by other means.
Address:
I have completed, or will complete immediately after submitting this form, the creation of a PACER – Case Search Only
account and submitted my request for CM/ECF access as required per the Pro Se Registration Instructions.
Signature (Type an "s/" and your name, or print and sign) Date signed
* By registering for electronic service, you waive your right to receive service of documents by first class mail,
according to Federal Rule Civil Procedure 5(b)(2)(E). You will be sent a Notice of Electronic Filing via email which
will permit one "free look" at the document(s) by clicking on the hyperlinked document number(s). The one
"free look" will expire 15 days from the date the notice was sent. After the "free look" has been used or
expires, documents may only be accessed via PACER (Public Access to Court Electronic Records). PACER is an
automated system that allows an individual to view, print, and download documents for a nominal fee.
** By registering for electronic filing, you must familiarize yourself with and follow rules and procedures of the Court,
such as the Federal Rules, Local Rules, and the Electronic Filing Procedures.
To email this form: Save a copy of the completed form to your computer and then send it as an
attachment in an email to: [email protected].
To mail this form: Complete, print and mail to: Clerk, U.S. District Court, Western District of Washington, ATTN:
CM/ECF Registration, 700 Stewart Street, Suite 2310, Seattle, WA, 98101.
For assistance, please contact CM/ECF Support at 206-370-8440, then press Option 2 (Seattle area), 866-323-
9293, then press Option 2 (Outside Seattle area) or email us at: [email protected].
Due To COVID-19, All Clinic Sessions Will Be Conducted Over The Phone
Due To COVID-19, All Clinic Sessions Will Be Conducted Over The Phone