Jan 17, 2013 · 1. Your best bet would be to contact the “Pro Se Law Clerk” for the Federal District Court nearest you. When the EEOC issues a “Right to Sue Letter” you then have ninety (90) days in which to file your lawsuit in your local Federal District Court.
FILING A LAWSUIT IN FEDERAL COURT WITHOUT A LAWYER UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA NOTE: This handbook is not intended for prisoners who file civil rights suits or petitions for habeas corpus. The Clerk of Court can provide special forms to be used in those kinds of cases. (Revised) September 2016
TO FILING YOUR LAWSUIT IN FEDERAL COURT Disclaimer: This manual is intended to assist an individual wishing to file a civil action without an attorney (Pro Se) in the United States District Court, Western District of Washington. This manual is provided for informational purposes only and does not constitute legal advice.
If you decide to proceed without an attorney, you will be responsible for learning about and following all the procedures that govern the court process.
If one of your filings does not comply with the court’s rules, the Clerk of Court may send you a Notice of Deficiency. This notice will tell you what you did wrong and what you need to do to fix it. You must follow the instructions set forth in the notice. If you do not fix the deficiency within the time allowed by the notice, your filing may be stricken.
There are two court systems in the United States: the state court system and the federal court system . The state courts are the courts of “general jurisdiction,” which means that they can hear and decide almost any kind of legal controversy. Louisiana state courts typically hear cases relating to civil (such as personal injury or breach of contract), domestic (divorce and child custody), and property matters.
If you approach someone respectfully and give him or her a real opportunity to talk, that person may be more likely to respond in a positive manner than if your first contact after the problem arises is a lawsuit.
You sometimes must present your claim to all levels of review by a state or federal agency before you can properly file a lawsuit in federal court. This is called exhaustion of administrative remedies. Examples of claims where exhaustion is often required are: (1) employment-discrimination suit against a current or former employer; (2) an appeal from a denial of Social Security benefits or other challenge to a decision by a federal agency; and (3) a suit under the Federal Tort Claims Act for personal injury or damage caused by a federal employee.
Usually a claim must be filed within a certain period of time after an injury occurs or is discovered. This rule is called the statute of limitations, or under Louisiana law the “prescriptive period.”
If you are unable to pay the $400.00 filing fee, you may apply to have the fee "waived," which means that you may file your case without paying the filing fee. (See Part Two)
Federal Courts hear specific types of cases arising under the U.S. Constitution and Federal laws such as damages at sea, Federal tax matters and many other areas. Some Federal laws may duplicate State laws, such as civil rights matters.
Failure to keep your address up to date may result in the dismissal of your case. (Local Civil Rule 10)
This manual is intended to assist an individual wishing to file a civil action without an attorney (Pro Se) in the United States District Court, Western District of Washington. This manual is provided for informational purposes only and does not constitute legal advice. The Federal Rules of Civil Procedure (FRCP) and this Court’s Local Rules and Electronic Filing Procedures control how civil cases must be filed and processed.
All .pdf documents must be under 10MB or 10,000 KB in order to be accepted by the filing system. The file size will be determined by the number of pages and quality of the document(s) scanned.
The Clerk’s Office will randomly assign a District Court Judge and case number when you file a new case. The case number must be written on all documents filed with the Court.
To request oral argument on a motion, you must write “Oral Argument Requested” beneath the case number and document title. Oral argument on a motion occurs only after a request has been granted by the judge.