Representing Yourself in Federal Court - United States District Court ...

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Is at least one of the defendants living in the Northern District of California? Did a substantial part of the events you are suing about happen in the Northern District of California? Is a large part of the property you are suing about located in the Northern District of California? Are you suing the U.S. government or a federal agency or official for something done in an official capacity AND do you live in the Northern District of California? 4 The Northern District of California is probably the correct venue for your lawsuit The Northern District of California is probably the wrong venue for your lawsuit. 6. The person or agency you are suing must not have immunity. Some people and organizations cannot be successfully sued. This happens when a person’s job entitles him or her to partial or complete immunity. For example, the federal government, state governments, judges and many government officials usually have immunity in civil cases. If federal and state governments have waived immunity to allow some types of suits, but these will be subject to additional rules and procedures, like stricter statutes of limitation. If you try to sue someone who has complete immunity in federal court, your case will be dismissed. To find out if the person or organization you are suing has immunity, you can: a. Ask a lawyer, if you know one, or make an appointment with the federal courthouse Legal Help Center. (See Chapter 2 for details about the Legal Help Centers.) b. Go to a law library. Ask how to research immunity from federal lawsuits. If you meet ALL six of these requirements, you can probably sue in this federal court. Have You Explored Alternatives To Suing Is this the correct venue for this case? Even if you do have the right to sue, you should carefully consider alternatives to suing. Lawsuits can be costly, time-consuming, and stressful and can consume time and attention that might instead be directed to effective alternatives or other priorities and solutions. Some alternatives include: Gathering Information Sometimes things are not what they seem at first. Sometimes things that appear to have been done on purpose were done unintentionally. Better information may help you decide whether a lawsuit is advisable. Working Things Out Consider talking directly to the people who you think might be responsible for causing the problem. Sometimes people are more likely to respond in a positive way if they are approached respectfully and given a real opportunity to talk than if the first they hear about a problem is a lawsuit.
Going to Governmental or Private Agencies Consider whether there are other processes you could use, or agencies you could enlist, to address your problem. Sometimes there is a governmental or private agency that can address your problem or lend you assistance. Examples of such agencies include: • The Equal Employment Opportunity Commission (or an equivalent state or city or county agency) to address employment discrimination; • The local police review board or office of citizens’ complaints to hear complaints about police conduct; • A consumer protection agency or the local district attorney’s office to investigate consumer fraud; • The Better Business Bureau or private professional associations (e.g., associations of contractors, accountants, securities dealers, architects and engineers, etc.) to hear businessrelated complaints. Using a Small Claims Court In some cases you may have the option of filing a case in small claims court, which is designed to be used directly by people without formal training in the law. These courts are part of the California state court system. There is no equivalent to the small claims court in the federal courts. Alternative Dispute Resolution Dispute resolution services—such as mediation or arbitration—may be faster and less expensive than taking a case to court. Mediation encourages parties to communicate clearly and constructively to find common ground or to identify solutions that can serve the parties’ real interests. Many counties have free or low-cost agencies that can assist you in finding a provider of alternative dispute resolution services. A listing can be found at the California Bar’s website, www.calbar.ca.gov/Public/Pamphlets/ResolveaDispute.aspx. There are also alternative dispute resolution options for parties who have filed lawsuits in this Court. Please refer to Chapter 15. CHAPTER 2 FINDING A LAWYER This handbook is designed to help those without an attorney, but it is no substitute for having your own lawyer. Effective representation requires an understanding of: 1. The law that applies to your case; 2. The court procedures you have to follow; 3. The strengths and weaknesses of your arguments and the other party’s arguments. Not understanding any of the above can result in critical mistakes with serious legal consequences. Because of this, the Court encourages you to find a lawyer, if at all possible. How Can I Find A Lawyer? The following resources may be helpful: • Certified legal referral services that help people find lawyers, such as: Bar Association of San Francisco Lawyer Referral & Information Service: (415) 989-1616, Monday-Friday, 8:30 a.m.-5:30 p.m. • The California State Bar website: www.calbar.ca.gov/Public/LawyerReferral ServicesLRS.aspx. Search for certified legal referral services by county. • The State Bar’s Lawyer Referral Services Directory: (866) 442-2529 (toll free in California) • The State Bar’s pamphlet (available in English and Spanish) called “How Can I Find and Hire the Right Lawyer?” www.calbar.ca.gov/Public/Pamphlets/HiringaLawyer.aspx 5
Page 1 and 2: UNITED STATES DISTRICT COURT NORTHE
Page 3 and 4: TABLE OF CONTENTS INTRODUCTION ....
Page 5: WHO PAYS FOR EXPENSES OF MAKING THE
Page 8 and 9: CHAPTER 1 WHAT SHOULD I THINK ABOUT
Page 12 and 13: What Are The Federal Courthouse Leg
Page 14 and 15: MONTEREY COUNTY Monterey County Law
Page 16 and 17: Here is a sample complaint caption
Page 18 and 19: If you do not meet all of these req
Page 20 and 21: payment in cash (exact change requi
Page 22 and 23: CHAPTER 7 HOW CAN I MAKE SURE THAT
Page 24 and 25: How Do I Review The Case File? You
Page 26 and 27: How Can I Get The Defendant To Waiv
Page 28 and 29: The United States, its agencies, co
Page 30 and 31: 3. You will not have to go to the c
Page 32 and 33: complaint. It should include a numb
Page 34 and 35: The defendant may file an answer or
Page 36 and 37: The defendant should file a respons
Page 38 and 39: ii. The declaration should be made
Page 40 and 41: 2. Under the case number, put the t
Page 42 and 43: What Happens At A Motion Hearing? F
Page 44 and 45: CHAPTER 14 WHAT IS A CASE MANAGEMEN
Page 46 and 47: CHAPTER 15 WHAT IS ALTERNATIVE DISP
Page 48 and 49: There are also limits to how many r
Page 50 and 51: Does the deponent have to answer al
Page 52 and 53: How do I get documents from persons
Page 54 and 55: CHAPTER 17 WHAT CAN I DO IF THERE A
Page 56 and 57: Who Pays The Cost Of A Motion For S
Page 58 and 59: 1. Be made by someone who has perso
Page 60 and 61:
Content Form The following informat
Page 62 and 63:
In The Trial, Which Side Puts On Wi
Page 64 and 65:
• Important new facts have emerge
Page 66 and 67:
What If The Parties Did Not Consent
Page 68 and 69:
CASE MANAGEMENT CONFERENCE (CMC) A
Page 70 and 71:
EVIDENCE Testimony, documents, reco
Page 72 and 73:
MOTION FOR LEAVE TO FILE A MOTION F
Page 74 and 75:
PROPOSED ORDER (OR OTHER DOCUMENT)
Page 76:
VACATE To set aside a Court order s
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