How to File a Civil Lawsuit Without an Attorney

To file a civil action in the District of Delaware without an attorney, a plaintiff must submit a written complaint, a summons, and either the $405.00 filing fee or a completed Application to Proceed in Forma Pauperis to the Clerk’s Office, according to the official guidelines provided by the U.S. District Court for the District of Delaware.

Filing a federal lawsuit on your own requires following specific procedural rules. The process begins at the Clerk’s Office, which handles the intake of initial documents and fees.

What documents are required to start a lawsuit?

To initiate a civil complaint, a plaintiff shall submit a complaint, a civil cover sheet, a summons, and the required fee or waiver application to the Clerk’s Office, ded.uscourts.gov reported. While a civil cover sheet is recommended, it is not strictly required. All necessary forms are available on the court’s website or in person at the Clerk’s Office between 8:30 a.m. and 4:00 p.m.

The complaint itself is a written document setting out claims against the defendant. It must be typed or printed legibly on 8 ½ x 11 inch plain white paper and spaced according to Local Rule 5.1.1. Plaintiffs must also sign the document pursuant to Federal Rule of Civil Procedure 11.

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How does the filing fee work?

The Clerk of Court collects a $405.00 civil filing fee by money order or check made payable to the Clerk, U.S. District Court. Alternatively, plaintiffs unable to afford this cost can ask a judge to waive it by filing an Application to Proceed in Forma Pauperis, ded.uscourts.gov stated.

If a judge grants the request to proceed in forma pauperis, known as IFP, the plaintiff can file the action without paying the civil filing fee or the costs of service. However, this status does not waive subsequent costs like copying fees.

What happens after filing the complaint and summons?

A summons directs a defendant to serve an answer within a specified time. The Clerk’s Office must sign and date the summons to make it effective, and will only issue it once the $405.00 fee is paid or an IFP application is approved.

Plaintiffs must fill out the summons form in accordance with Federal Rule of Civil Procedure 4(a) for clerk issuance. Rule 4(c) governs how the summons must be served upon the defendant.

The court retains all original documents filed by litigants and only returns them by court order under extraordinary circumstances, per Local Rule 79.2. Plaintiffs wanting a stamped copy showing the assigned case number must submit an extra copy at the initial time of filing, ded.uscourts.gov noted.

The Clerk’s Office can be reached at 302-573-6170 for questions during normal business hours. Court staff can provide general instructions regarding rules and procedures, but are strictly prohibited from interpreting the law, evaluating facts, calculating deadlines, or providing legal advice.

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