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Instructions For Filing Civil Action On Your Own Behalf - Maryland
| Instructions For Filing Civil Action On Your Own Behalf Form. This is a Maryland form and can be used in Pro Se District Court Federal . |
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INSTRUCTIONS FOR FILING A CIVIL ACTION ON YOUR OWN BEHALF IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLANDRev. 5/2005 <<<<<<<<<********>>>>>>>>>>>>> 2INSTRUCTIONS FOR FILING A CIVIL handwritten or typed. All pages should be 8 byACTION ON YOUR OWN BEHALF 11". The complaint and all other papers filed with the Court should be two-hole punched at the top. These instructions are designed to help you The first page should begin with the case caption. understand basic court procedures in civil actions. The caption includes the name of the court, theCOURT STAFF CANNOT GIVE YOU LEGAL names and addresses of all the parties, and a blankADVICE. space for the case number. The case number will be filled in by court staff once a number has beenThese instructions do not cover all circumstances, assigned. nor all types of cases. It is your responsibility to comply with the Federal Rules of Civil Procedure, SAMPLE CAPTION FOR COMPLAINT the Local Rules of this court and any statutes and rules which may apply to your particular case. If you are filing a prisoner civil rights action under 42 U.S.C. 1983, a habeas corpus petition under 28 U.S.C. 2241 or 2254, or a motion to vacate or set IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLANDaside sentence under 28 U.S.C. 2255, there are special forms and instructions available from the MARY SMITH, : clerks office. 100 North Calvert Street Baltimore, Maryland 21202: Plaintiff How to file a complaint vs. : Civil Action No.: JOHN DOE, The first step in filing a lawsuit is to prepare a 101 West Lombard Street : complaint. The court has forms available for filing Baltimore, Maryland 21201 Defendant : complaints for employment discrimination and appealing a denial of Social Security benefits, as well as a general complaint form. You are not required to use these forms, although you may find it helpful to look them over. If you prepare your own complaint it must be legibly 2 <<<<<<<<<********>>>>>>>>>>>>> 3The body of the complaint is made up of numbered court. Fill in the caption, leaving the case numberparagraphs. Explain the facts of your claim, the legal blank. In the space on the summons form for thebasis, why you believe this court has jurisdiction, name and address of plaintiffs attorney, fill in yourand what relief you want. It is not necessary to cite own name and address. The number of days aspecific cases. At the end, sign and date the defendant will have to answer the complaint willcomplaint. Underneath your signature type or print vary depending on the type of claim and theyour full name, address, phone number, and fax defendant. It is your responsibility to fill in thenumber (if you have one). This information must correct number of days the defendant(s) has for filingappear on every pleading, motion, or other paper you an answer. In most civil actions, if the defendant isfile. not an agency, officer or employee of the United States, he or she will have twenty (20) days in whichTo file a lawsuit you must file an original and one to answer. If the defendant is an agency of thecopy of your complaint for the court, and one copy United States, or an officer or employee of theof the complaint for each defendant you name. If the United States who is being sued for acts or omissionsdefendant is an agency of the United States, or an related to his/her employment, he or she will haveofficer or employee of the United States who is sixty (60) days in which to answer. An exception isbeing sued for acts or omissions related to his/her that if the defendant is an agency of the United Statesemployment, you must provide five copies of the AND the complaint is brought under the Freedom ofcomplaint. You should keep a copy of the complaint Information Act, the time for filing an answer isfor your own records. ALL COPIES MUST BE thirty (30) days. REMEMBER, THE TIME FORIDENTICAL TO THE ORIGINAL. FILING AN ANSWER RUNS FROM THE DATE THE COMPLAINT AND SUMMONS Along with your complaint you must submit a ARE SERVED, NOT THE DATE THEY AREsummons for the defendant and one copy of the ISSUED. summons for the court. If more than one defendant is named AND the time for each defendant to file an You also must submit a civil cover sheet, along withanswer is the same, you may list the defendants on one copy for each defendant. This is simply anone summons as long as you provide a copy for each information form which is used by the court whendefendant. Use the summons forms provided by the opening your case. 3 4<<<<<<<<<********>>>>>>>>>>>>> 4 a case involves assigning a case number and a judge and entering basic information on the courts computerized docket system. Although the court Filing fees uses electronic filing in most civil cases, some cases where the plaintiff is representing her or himself areThere is a filing fee of $250.00 for most types of exempt from electronic filing. civil lawsuits. The fee must be paid at the time your complaint is filed. If you are paying by check or Once a case is opened, it is sent to the assigned judgemoney order, it should be made payable to Clerk, for his or her review. The judge will look at anyUnited States District Court. The court also accepts motions filed with the complaint and frequently willmajor credit cards. If you are unable to pay the filing look at the complaint to see if it contains all thefee you may file a motion for leave to proceed in necessary information. A judge may require you toforma pauperis. If the court grants this request it supplement your complaint with additionalmeans that you will not have to pay the filing fee at information. the time your complaint is filed. Form motions for leave to proceed in forma pauperis are available Servicefrom the court. When completing the forms it is very important that you answer all questions relating Service of process refers to notifying a defendant thatto your income, assets, and liabilities. If you fail to a lawsuit has been filed, what it is about, and theprovide complete and accurate information your time for filing a response. It must be done in a wayrequest may be denied or you may be required to specified by court rules. Generally, service requiresprovide additional information. If your request is giving the defendant a summons issued by the court,denied you will be allowed a reasonable opportunity a copy of the complaint, and copies of any motionsto pay the fee. or other documents filed along with the complaint. If there is more than one d
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