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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


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


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


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


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


Bankruptcy Clinic


Bankruptcy Clinic

Public Counsel’s


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.

janet lewis, proskauer supervising attorney, public ... · janet lewis, proskauer supervising...

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