16-c-7 How to File Your Complaint

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

16-C-7. How to File Your Complaint

Each court has its own detailed procedures for filing a complaint. You should try to obtain a copy of the local Rules of the Court for the district where you are filing your lawsuit. You can get a copy of these rules in your prison's law library or by writing to the clerk of the court and (sometimes) paying a small fee.

You can also ask the clerk of the district court for model Section 1983 forms and in forma pauperis papers. Be sure to ask the clerk how many copies of each document you need to file. You may also need to submit a summons to the court clerk that will be issued to each defendant you are naming in the complaint. A summons is the document that orders the defendant to respond to or "answer" your complaint with his own legal papers. Appendix A-1 of this Chapter has a sample summons form.

You should file your complaint by mailing the complaint, your in forma pauperis papers (described below), the summonses, and...