Per Request, atonomy of a federal suit (motion and tips)

in #familyprotectionlast year (edited)

Ive had a few questions about filing a federal suit. This is not intended as legal advice because ill never be a BAR lawyer nor law firm. So, please do your research and carefully read the following material.

Drafting a motion

When writing a motion I would recommend the legal templates on microsoft office, ensure theyre double spaced ( per federal rule).

So in upper left hand corner you will write your contact information (be sure to designate pro se, after your name). The proper court district, please check the Federal website as often times states are divided into numerous districts.

So, after you fill in the part box on the left; on the right you will write;

Pursuant to 42 USC 1983, DEMAND FOR JURY TRIAL

Jurisdiction

Below; we will write

  1. The court has jurisdiction under 28 USC § 1331, Federal question jurisdiction arises pursuant to 42 USC § 1983.
  2. The court has jurisdiction under 28 USC § 1332, because there is diversity of citizenship and an amount in controversy exceeding $75,000.

So, basically you need to tell the court that they have proper jurisdiction to hear your case. ** Diversity of citizenship ** is basically if you are bringing suit against someone in ** official capacity ** that is in a different state.

Venue

You need to tell the court that venue is proper, venue is basically stating geographically this court is correct in hearing your case. Please, as I said before check the court district breakdown because its critical. If everything is correct, then write:

  1. Venue is proper pursuant to 28 USC § 1343

(Note: read 28 USC 1343 and specify any applicable subsections. Inorder for venue to be valid you must; either live in the district, money or property must be held there)

Parties

In this section you must name all your parties. This is self explanitory as you will basically need all elements such as address, phone number, title. Be sure it is typed as it will be scanned into a federal document and you will either have to ammend the document or take chance that other party dont challenge your mistake. (Crucial)

Background

So, in this part you will need to write what happened to you, IN DETAIL. Cant stress that enough. Who, what, when, where and why.... seriously be super specific. As youre telling your story, if you have any potential evidence state ( see exhibit A ; note keep exhibits simple if you exhaust whole alphabet then use A1 etc).

Cause of Action

Make sure your cause of action is seperate from claims. Cause of Action is what spurs your legal action. Im going to use a random one as example.

Cause of Action
42 USC 999 States operates a for profit business

( give traverse arguement as to how this is true)

Claim(s)

Again straightforward, you give claim and then traverse arguements below that. Example below:

claim 1

Title IV- E violated seperation of powers and deprived due process and equal protection of laws

(Below explain how this happened, breakdown 45 CFR 302.24 and 45 CFR 303.107).

Number all your claims, and at the end explain how it or what it deprived you of (injuries).

Relief

This last part you need to tell the court what you are seeking as relief. Be specific. If youre asking for a judgement of money give a line item for the amount. Example $300 for filing fee due. BE SPECIFIC.

Then sign and date
Write pro se (if applicable)

Tips

The filing fee is generally $400. So if you cannot swing that, make sure you ask or download and fill out in pauperis form, which basically means your poor. If you do file "IFP" be sure to read 28 USC like a hawk, because if your motion proceeds then US Marshals will serve on your behalf.

Include all exhibits *** behind your motion *** not stapled just paper clipped. If you need to file an injunction for any reason you'll need a separate IFP form. At the hearing, you'll enter exhibit X into evidence. Important, some don't understand this and will claim that that judge is corrupt because they wouldn't allow this as evidence. Follow the rules in 28 USC.

Check your local rules; half states have identical rules as 28 USC.

Don't sweat it, you're presenting your information. Always remember that. You're presenting your case. Do not use word represent. Important. Be kind and confident and firm.

Let me know if this helps you, or you'd like a more specific guide. Check pro se handbook. It's very informative, especially if this is your first rodeo.

-- edit you will need to file a complaint, which you can download from your local federal court. On this i recommend typing it out, also note DO NOT GIVE LEGAL ARGUEMENTS. Typing it out prevents misspelling when you submit and it's scanned in.

Sort:  

To listen to the audio version of this article click on the play image.

Brought to you by @tts. If you find it useful please consider upvoting this reply.