Request (Court Filing)

When the request is used

Timing: whenever you need the court or the clerk to act and a rule or local form calls the filing a request. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• A request for a court order is a motion under the federal rules, whatever it is called: it must be in writing unless made during a hearing or trial, state with particularity the grounds for seeking the order, and state the relief sought (Rule 7(b)(1)).
• Some requests go to the clerk rather than the judge. For example, when a party's default is shown by affidavit or otherwise, the clerk must enter it (Rule 55(a)).
• Discovery requests — interrogatories, requests for production and requests for admission — are served on the other party, not filed with the court as requests for an order (Rules 5(d)(1)(A), 33, 34, 36).
• Local rules and court forms often decide whether a filing is called a request, a motion or an application, and what it must include. Check them before filing.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 7(b)(1); local rules online. Also, the federal judiciary publishes the current rules and recent amendments.

The request in state court

This page covers the federal version. In state court, the request may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Request: asking a person, a party, the clerk or the court to do something.

Related procedures

Similarly, these procedures often come up alongside it:

• Motions: Form and Requirements: the general rules every written motion must follow.
• Request for Judicial Notice: a request asking the court to accept a fact as true without formal proof because it is not subject to reasonable dispute — for example the contents of court records, public records of a government agency, or a date on a calendar.
• Request for Hearing or Oral Argument: a request that the court hear argument on a motion in person or remotely, instead of deciding it on the written papers alone.
• Entry of Default and Default Judgment: the two-step procedure that applies when a party against whom relief is sought has failed to plead or otherwise defend.
• Requests (Discovery Requests): the written requests parties serve on each other during discovery: interrogatories (written questions), requests for production of documents and things, and requests for admission. They are served on the other party, not filed with the court, unless they are used in the case or the court orders filing.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Find the rule in your state

In your state's rules, look for the rule on request (court filing). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.