Starting a Civil Lawsuit: Complaint, Summons and Service

The steps to start a civil case: choosing the court, writing a complaint, getting a summons and serving the defendant correctly. This Lawtopolis course on civil lawsuit has 5 short lessons and a quiz, and every lesson links to the official rule text.

What you will learn about civil lawsuit

• What a complaint must contain
• How the summons and service of process work
• The 90-day service deadline in federal court
• How to ask for a fee waiver

Who this course is for

• People thinking about filing a lawsuit
• Self-represented plaintiffs

Lessons in this course

1. Before you file

Before filing, check three things. First, is there a legal claim, meaning a recognized right that was violated? Second, is it still on time? Every claim has a deadline called a statute of limitations, and a late claim can be dismissed. Third, which court has jurisdiction and is the proper venue?

2. Writing the complaint

A civil action begins when the plaintiff files a complaint with the court (FRCP 3). Under FRCP 8(a), the complaint must contain a short and plain statement of the grounds for the court’s jurisdiction, a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for the relief sought.

3. Summons and service of process

Filing is not enough, because the plaintiff must also formally notify the defendant. The clerk issues a summons, and the plaintiff must have the summons and a copy of the complaint served on each defendant (FRCP 4(c)). Usually, someone who is at least 18 and not a party, such as a process server or sheriff, serves the papers.

4. Fees, fee waivers and what happens next

Courts charge a filing fee to open a case. Federal district courts publish their fee schedules, and state courts post theirs online. If you cannot afford the fee, you can ask to proceed in forma pauperis. In federal court, 28 U.S.C. § 1915 governs this, and the court decides based on a sworn statement of your finances.

5. Putting it into practice: a filing checklist

Now that you know the rules, this lesson turns them into steps you can follow. First, work through the checklist in order. Then, before you file or serve anything, compare your work with the common mistakes below and with your court’s own rules.

Next steps after this civil lawsuit course

When you finish, take the quiz to check your understanding. After that, keep going with the related pages in the Motions & Procedures library, the Legal Glossary and the Research Center. For the official text, read the current federal rules on uscourts.gov, and also check your own court’s local rules.

Lawtopolis provides legal information and education, not legal advice. Rules change, so check the current version of your court’s rules before you file.

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