The first step in filing a lawsuit is to prepare a complaint that states a claim for relief [FRCP 8].
The U.S. Courts has several complaint forms that you can use, or you can draft your own complaint.
Complaint Requirements:
If you choose to draft your own complaint, it must:
- Include the name of this court at the top of the first page.
- Include your name, full residence address and telephone number in the caption. [LCvR 5.1(e)]
- To use a Post Office Box, you must file a separate motion asking the court to permit such an address.
- To file your address under seal, you may omit the address and simultaneously file a notice containing your full address, which notice shall be available only to the Court and the opposing party. [LCvR 5.1(c)(1)]
- List all defendants in the caption.
- The use of et al. is not permitted as the rules require you to name each defendant individually. [LCvR 5.1(c)(1)]
- Include the word COMPLAINT under the caption.
- Clearly set out your grievance in the body of the complaint, name those against whom you have a grievance, and what you would like the court to do to correct the situation. [FRCP 8]
- Be legibly handwritten or typed on white, letter size (8 ½ x 11 inch) paper, written only on the front page, and be double-spaced. [LCvR 5.1(d)]
- Include a request for a jury trial, when applicable. [FRCP 38]
- Example: Complaint Caption Formatting
Whether using a form or drafting your own complaint, you must sign it in ink. When you sign your name, you are certifying to the Court that you are filing your complaint in good faith. This means that you believe:
- You have a valid legal claim; AND
- You are not filing the case to harass the defendant; AND
- You have good reason to believe that what you say in the complaint is true.
If your complaint does not meet these standards, the Judge can require you to pay fines for harassment, frivolous arguments, or a lack of factual investigation. [FRCP 11]
Privacy Requirements [LCvR 5.4(f)]:
The following personal identifiers shall be excluded [by the filer], or redacted where inclusion is necessary, from all filed documents unless otherwise ordered by the Court.
- Social Security numbers. If an individual's Social Security number must be included in a pleading, only the last four digits of that number should be used.
- Names of minor children. If the involvement of a minor child must be mentioned, only the initials of that child should be used.
- Dates of birth. If an individual's date of birth must be included in a pleading, only the year should be used.
- Financial account numbers. If a financial account number is relevant, only the last four digits should be used.
This information is for procedural guidance only and should not be viewed or used as legal advice.