Last updated July 8, 2008

Filing A Federal Lawsuit

We are not lawyers nor have we received any significant assistance from any lawyers beyond our appeal to the Tenth District which we won. The information presented here is based upon our experiences in federal court defending and prosecuting claims of trademark infringement and copyright infringement. It is presented to prepare you for what lies ahead should you end up in court. This outline is for those sellers who are thinking about representing themselves, pro se, in a court action. A business cannot represent themselves in federal court but individuals and unincorporated business can.. The court rules and the federal rules are written by lawyers for lawyers. We try to put them into plain English here.

The first thing you must consider is time. A federal lawsuit can take from 6 hours to settle to 4 years to conclusion. And it can be a frustrating 4 years. Most lawsuits never go to trial but that doesn't mean they get settled quickly. And sign up for PACER. Almost every federal court web site has a link to PACER. Get a PACER account and learn how to use it. In our experiences we've had lawyers twice not mail us what they filed with the court. PACER allows you to monitor all filings and rulings at a minumum cost. Checking the docket runs 8 cents which is nothing compared to the security it provides. If you want to see a document, it's 8 cents a page.

Lawsuits are mainly about facts. It is important to understand the law, of course. You must be able to cite and discuss constitutional provisions, cases, and statutes and challenge any misstatements about the law that your opponents make. In the end, however, facts matter more. You can think of a lawsuit as a basketball or football game. While you need to understand the rules of the game – the law – you will win only if you score the most points. In a lawsuit, facts are points.

You will have to file in the Federal District Court nearest where you live if you can establish jurisdiction. If not, you have to file in their home district. Jurisdiction depends on the law. If you can't make them come to your home court then there's little reason to file unless you have money and then why are you reading this? The cost of filing a federal lawsuit, as of 2008, is $350.00. All motions and papers filed after the complaint are free.

We will be showing you examples of filings and explaining them to you. These are examples, guides, and nothing more. Every law suit, motion, answer, etc, is different and must be individually written and researched. We can show you what must be done but we cannot do it for you. Representing yourself in court takes time and commitment. It is not easy and it is not cut-and-paste.

In order to file a federl lawsuit you must have standing. And you must have all parties involved. This is called joinder of parties.

Before you begin working on your complaint, there are certain things you want to do in the way of setting up your computer, files to get, and forms you'll need.

What follows is a general format. There is no formal format. There are things that must be in the complaint. There are a lot of legal documents on the internet. Read them and study their presentation such as centering, bolding, underlining, etc, and learn how others have done it. Select a format and follow it. You can always adjust it as you go.

• The Complaint
• Their answer
• Default Judgment
• F.R.C.P. 12(b) Motion
• F.R.C.P. 12(f) Motion
• Your Reply
• Summary Judgment Motion
• Affidavits
• Time Extension