Filing a lawsuit in federal court can give you certain protections that a state court cannot give you. Certain localities are governed by the local culture, which in many cases will over look the law and rule based on local believes. This is particularly true in small towns where judges could be biased over certain issues. Federal court, however, comes with an array of legal challenges you should be aware of before you file. Your lawsuit must have legal sufficiency so it can be heard on the merits.
- Difficulty:
- Moderately Challenging
Instructions
Things You'll Need
- Research of Federal Law
- The website of Federal District where you will file your lawsuit
- $400
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Federal QuestionMake sure your claim is related to a question of federal law. To file a lawsuit in federal court, the underlying claim must be directly related to an issue protected by the United States constitution, federal law, a treaty, or a federal act. For example, the Racketeer Influenced and Corrupt Organizations Act (RICO) protects against corporations and groups from engaging in schemes to defraud. RICO claims can be brought by the government (criminally), but they can also be brought by civil plaintiffs against such organizations. RICO claims are coded in federal law (18 U.S.C. 1961) and, therefore, they can be heard in federal court. - 2
Diversity of CitizenshipMake sure that if your claim is not related to a federal question, then it is a claim that fulfills the two requirements of diversity of citizenship (this step and step 3 below). If you want to file a lawsuit in federal court but no federal law is involved (often occurs when two parties disagree over an issue, like a contract or negligence claim), then there must be diversity of citizenship. Diversity of citizenship means that "no plaintiff can be from the same state as ANY defendant." This sounds confusing but it is not. Just remember, two plaintiffs can be from the same states. Two defendants can be from the same state. However, no plaintiff can be from the same state as any defendant. If they are, the court is said to lack subject matter jurisdiction, which would leave the court without power to hear your case. - 3
Must exceed $75,000The amount in controversy must exceed $75,000. If you file a lawsuit in federal court, and the claim is not based on a federal law or federal violation, then not only you must show diversity of citizenship (step 2), but you must also show that the amount or value in controversy exceeds $75,000. The contract you are disputing or the injuries and damages amount to more than $75,000. Federal courts require that the amount be MORE than $75,000, therefore if your claim is for $75,000 on the nose, the lawsuit will be dismissed. Equally, the damages must exceed this value on their own. In other words, legal fees, interest, and expenses cannot be added to the underlying cause of action. - 4
Service of ProcessFile a copy of your complaint, pay the fee, and serve the defendant. Most federal courts charge $400 (different amounts for federal bankruptcy court), but it differs depending on your location. Your claim can be dismissed if you do not pay the entire amount. There are waivers of fees for certain federal claims (i.e. Habeas Corpus petitions), in which case you would have to submit a form requesting a waiver of the fees. In addition, you must adequately serve the defendant. Failure to comply with service of process (Federal Rule of Civil Procedure No. 4) will void your complaint. You might be able to re file, but that is up to the discretion of the court. - 5
Correct DistrictFile your complaint in the correct district. Every state has at least one federal district. Some states have two or three federal districts. To correctly file a lawsuit in federal court, you must file either where the defendant resides or its principal place of business (in case of a corporation). You can also file in the district where a substantial portion of the events that gave rise to the action. In case of a car accident, you could file either where the defendant resides or where the accident occurred (some restrictions apply). - 6
Talk to a lawyerConsider talking to an attorney. Filing a federal claim can be difficult and the court could dismiss with prejudice (it will never be heard) if it lacks legal sufficiency. The steps above can help you file correctly, however, your actual claim (i.e. breach of contract, fraud, misrepresentation, RICO, etc.) must be plead with particular elements. If the elements are not at least argued, the court might not even look to see if you have a case or whether you should win.
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Tips & Warnings
- Visit the Federal District Website in which you are about to file
- Check all the court rules for the requirements of your lawsuit
- Talk to an attorney before you file. They can at least guide you on issues of federal law and federal jurisdiction.
Resources
Read more: How to File a Lawsuit in Federal Court | eHow.com http://www.ehow.com/how_4623834_file-lawsuit-federal-court.html#ixzz1ZLDxCO5j
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