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Prepared by Public Counsel’s Federal Pro Se Clinic
Janet Lewis, Proskauer Supervising Attorney, Public Counsel
Frances Azizi, Proskauer Civil Justice Fellow, Public Counsel
Henry Kornman, Paralegal, Public Counsel
The Federal Pro Se Clinic is a project of Public Counsel, a non-profit public interest law firm.
Overview
The work facing a pro se litigant
Cases that belong in federal court
The rules of federal courts and how to find them
The life cycle of a federal case
Resources available to pro se litigants
Pro se (pro-say) means “on one’s own behalf” You can only represent yourself. What about my corporation? What about my family? No. Just you.
Step Back
Make the right choices … your goal is to win. Avoid emotional choices. (It's never personal).
Be professional!
Work things out first!
With individuals: try informal mediation
With government agencies: exhaust all administrative options first (required)
With businesses: try to settle
What a civil action will not do for me. Settle a grudge or get revenge
Humiliate the other side
Solve personal, life issues
What a civil action can do for me. Money Damages
Injunctive Relief
Declaratory Relief
Other -- settlement
Is bringing a case in federal court the right solution?
Potential costs of civil litigation - even for pro se litigants!
Postage
Process server
Copying costs
Possible sanctions
Transcripts
Depositions
Witness fees
Even more costs: If you lose your case
You will probably pay your opponents costs
Motion to tax costs
Motion to re-tax costs
Heaviest costs will come from depositions –
can run thousands of dollars
Do I have a case for Federal Court?
What BELONGS in federal court? Federal question Diversity
Research, research, research! Find your claim.
Statutes Case Law
How do I start my research?
Treatises
Law Library (Lexis Nexis) Nolo Press Google Ninth Circuit Model Jury Instructions
The Rules of Federal Courts
Federal Rules of Civil Procedure (FRCP)
Local rules of court (LR)
Judge’s procedures:
Standing Order
Case Management Order
Sources of rules
Federal Rules of Civil Procedure http://www.uscourts.gov/rules-policies/current-rules-
practice-procedure
Local Rules of Court
http://www.cacd.uscourts.gov/court-procedures/local-rules
Judges Procedures http://court.cacd.uscourts.gov/CACD/JudgeReq.nsf/FAQs+a
bout+Judges%27+Procedures+and+Schedules?OpenView
Pleading Discovery Summary Judgment
Trial Post-
Judgment
Pleading
Complaint
Service of Process
Motions to Dismiss or Strike
Answer
Complaint Fed. R. Civ. Proc. 8. General Rules of Pleading
(a) Claim for Relief. A pleading that states a claim for relief
must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the
pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in
the alternative or different types of relief.
Step-by-Step Guides are Available at the Federal Pro Se Clinic
Filing Your Complaint
Additional case initiating forms required to file:
Summons CV-01A or CV-001A
Certification of Interested Parties CV-30 or CV-030
Civil Cover Sheet CV-071 or CV-71
$400 filing fee
File in Civil Intake section of the court
What if I can’t afford the filing fee?
Request to Proceed in Forma Pauperis
CV-60 or CV-060
PACER Public Access Court Electronic Records
• Instant view of your case.
•E-Filing – NO!
•E-Service – YES!
•http://pacer.psc.uscourts.gov
Law Library offers a special course on using PACER
Federal Judges
Two Judges are assigned to each case.
•District Judge
•Magistrate Judge
How to Read The Docket Number
2 : 04 cv 04321 ABC (CW)
Filing Location
Year Filed Civil Action
Case Number
District Judge
Magistrate Judge
2 04 cv 04321 ABC (CW)
Service of Process
Let everyone know!
Federal Rules of Civil Procedure (FRCP) – Rule 4 Default: arrange for hand-delivery
Not by you!
Keep an eye on the calendar – serve on time!
How you serve depends …
… on WHO you serve.
Who is YOUR Defendant?
Private person?
Corporation?
California agency?
County government? City government?
Police officer? Careful: Official or Individual capacity?
County officer? City? US government?
U.S. government?
Service of Process Guides and Forms
The response to your complaint
Motion to Dismiss and/or Motion to Strike
FRCP 7, LR-7 govern all motions practice – learn them well!
FRCP 12(b)
You must oppose all motions or you may lose them
Hearings and courtroom conduct
Answer FRCP 8
Pleading Discovery Summary Judgment
Trial Post-
Judgment
Discovery
Begins after the response (answer or motion)
Try to “discover” information from the other side
Ends at a time determined by the court
FRCP 26, etc.
Discovery Methods
Depositions – FRCP 30
Requests for Production – FRCP 34
Interrogatories – FRCP 33
Requests for Admissions – FRCP 36
Subpoenas – FRCP 45 Only for a non-party
Very strict rules
Discovery
Be Prepared!
Know when discovery closes – check your scheduling order
Know when you can file your last motion to compel responses under FRCP 37 and LR-37
Pleading Discovery Summary Judgment
Trial Post-
Judgment
Summary Judgment
Timeline
Can file after defendant has responded
Usually filed after the close of discovery
Summary Judgment is Important
“Trial on Paper”
A lost opposition will end your case
Comply with FRCP 56 and LR-56
Pleading Discovery Summary Judgment
Trial Post-
Judgment
Pre-Trial
Pre-trial documents
Witness lists
Exhibit lists
Memorandum of Law and Facts
Proposed Jury Instructions
See FRCP 16 and L.R.-16
Trial
Courtroom conduct
Jury – voir dire
Presentation of case
Verdict
See FRCP and L.R. 38, 39, 47, 48, 49, 50, 51, 52
Pleading Discovery Summary Judgment
Trial Post-
Judgment
Post-judgment
Final decision in the case
Motion for reconsideration
Appeal (Fed. Rules of App. Procedure 4)
Costs
If you can, find an attorney.
State Bar of California tips on finding an attorney at http://www.calbar.ca.gov/Public.aspx
Beverly Hills Bar Association Lawyer Referral Service www.bhba.org/lawyerref.htm
Los Angeles County Bar Association Lawyer Referral Service, www.smartlaw.org
“Un-Bundling” legal services
Federal Pro Se Clinics in the Central District of California
Los Angeles
Santa Ana
Riverside
Federal Pro Se Clinic
Bankruptcy Clinic
Federal Pro Se Clinic
Bankruptcy Clinic
Federal Pro Se Clinic
Bankruptcy Clinic
Public Counsel’s
Federal Pro Se Clinic
What we do … What we do NOT do …
Provide legal advice on civil legal issues in the Central District of California.
Help you to prepare court documents
Provide referral and resource information
We do NOT give advice on Criminal legal issues
Appeals
Habeas cases
State court cases
Bankruptcy issues
We do not provide representation in court.
We do not give advice by telephone or e-mail.
Public Counsel’s
Forms and Guides
http://www.publiccounsel.org/featured?id=0003
Free legal assistance for people representing themselves in U.S. District Court for
the Central District of California.
Mondays, Wednesdays & Fridays
9:30 a.m. – 12 noon and 2:00 p.m. – 4:00 p.m.
U.S. District Courthouse, 312 N. Spring Street, Main Street Lobby, Room G19
The Federal Pro Se Clinic is a project of Public Counsel, a non-profit public interest law firm.