Federal Civil Complaint Filing Checklist

Federal Civil Complaint Filing Checklist

Court: United States District Court for the [________________________________]

Case Caption: [________________________________] v. [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Pre-Filing Requirements

Jurisdictional Basis Verification

☐ Federal Question Jurisdiction (28 U.S.C. § 1331) - claim arises under federal law
☐ Diversity Jurisdiction (28 U.S.C. § 1332) - complete diversity of citizenship AND amount in controversy exceeds $75,000
☐ Supplemental Jurisdiction (28 U.S.C. § 1367) for related state law claims
☐ Other jurisdictional basis: [________________________________]

Venue Verification (28 U.S.C. § 1391)

☐ Verified proper venue in this district
☐ Defendant resides in this district
☐ Substantial part of events occurred in this district
☐ Other venue basis: [________________________________]

Statute of Limitations Check

☐ Confirmed all claims are within applicable limitations period
☐ Statute of limitations for each claim documented
☐ Tolling provisions considered and documented if applicable

II. Required Documents for Filing

Core Filing Documents

☐ Civil Complaint (original)
☐ Caption includes full court name
☐ Caption includes all party names (no "et al." in initial filing)
☐ Short and plain statement of grounds for jurisdiction (FRCP 8(a)(1))
☐ Short and plain statement of the claim (FRCP 8(a)(2))
☐ Demand for relief sought (FRCP 8(a)(3))
☐ Numbered paragraphs (FRCP 10(b))
☐ Separate counts for each claim
☐ Jury demand included if applicable (FRCP 38)

☐ Civil Cover Sheet (Form JS-44)
☐ All sections completed
☐ Nature of suit code selected
☐ Cause of action cited
☐ Signed by filing attorney

☐ Summons (Form AO 440)
☐ One summons for each defendant
☐ Defendant names match complaint exactly
☐ Left blank for clerk to sign and seal

Additional Required Documents (if applicable)

☐ Corporate Disclosure Statement (FRCP 7.1) for corporate parties
☐ Notice of Related Case (if related cases pending)
☐ Application to Proceed In Forma Pauperis (if applicable)
☐ Motion for Leave to Proceed Without Prepayment of Fees (if applicable)

III. CM/ECF Electronic Filing Requirements

CM/ECF Account Setup

☐ Active PACER account
☐ Registered as filing attorney in this district
☐ E-filing credentials current and working
☐ Email address updated for electronic notice

Document Format Requirements

☐ All documents in PDF format
☐ PDF/A compliant (if required by local rule)
☐ Text-searchable PDF (not image-only)
☐ File size within court limits (typically 35 MB max per document)
☐ No security restrictions on PDF
☐ All documents properly bookmarked if lengthy

Signature Requirements

☐ "/s/ [Attorney Name]" signature block on all documents
☐ Attorney bar number included
☐ Firm name, address, phone, and email included
☐ Signature complies with FRCP 11 certification

IV. Filing Fees

Standard Filing Fee

☐ Civil Filing Fee: $405.00 (as of 2024; verify current amount)
☐ Payment method selected:
☐ Pay.gov credit card
☐ ACH bank payment
☐ Check or money order (if permitted)

Fee Waiver (if applicable)

☐ In Forma Pauperis application filed
☐ Financial declaration attached
☐ Fee waiver granted: ☐ Yes ☐ No ☐ Pending

V. Service of Process Requirements (FRCP 4)

Service Deadlines

☐ Complaint must be served within 90 days of filing (FRCP 4(m))
☐ Calendar deadline: [__/__/____]

Waiver of Service (FRCP 4(d))

☐ Request for Waiver of Service sent to defendant(s)
☐ First-class mail used
☐ Copy of complaint and two copies of waiver form included
☐ Prepaid return envelope included
☐ Waiver deadline noted (30 days domestic / 60 days foreign)

Personal Service Methods

☐ Personal delivery to individual defendant
☐ Delivery to authorized agent
☐ Service on corporation: officer, managing agent, or registered agent
☐ Service under state law where district court is located
☐ Service under state law where service is made

Proof of Service

☐ Proof of Service (Form AO 440) completed
☐ Server's affidavit attached
☐ Filed with court after service completed

VI. Local Rule Compliance

District-Specific Requirements

☐ Reviewed local rules for this district: [________________________________]
☐ Reviewed judge-specific procedures (if case assigned)
☐ Compliance with local cover sheet requirements
☐ Compliance with local formatting requirements

Common Local Requirements

☐ Page limits observed
☐ Font size requirements met (typically 12-point)
☐ Margin requirements met (typically 1-inch)
☐ Line spacing requirements met (typically double-spaced)
☐ Page numbers included

VII. Post-Filing Tasks

Immediate Post-Filing

☐ Confirmation of filing received from CM/ECF
☐ Case number assigned: [________________________________]
☐ Assigned judge: [________________________________]
☐ Assigned magistrate judge (if any): [________________________________]
☐ File-stamped copies saved to case file

Service and Deadlines

☐ Service deadline calendared (90 days from filing)
☐ Summons issued by clerk
☐ Service initiated on all defendants
☐ Proof of service filed after completion

Client Communication

☐ Client notified of filing
☐ Case number provided to client
☐ Next steps explained to client

VIII. Special Considerations

Heightened Pleading Requirements (FRCP 9)

☐ Fraud claims pleaded with particularity (FRCP 9(b))
☐ Special damages specifically stated (FRCP 9(g))

Sealed or Confidential Filings

☐ Motion to seal filed if necessary
☐ Confidential documents properly designated
☐ Redacted version prepared for public filing

Multi-District Litigation (MDL)

☐ Checked JPML for pending MDL proceedings
☐ Notice of potential MDL transfer filed if applicable

IX. Quality Control Checklist

Final Review Before Filing

☐ All party names spelled correctly and consistently
☐ All factual allegations verified
☐ All legal citations verified and current
☐ All exhibits properly attached and referenced
☐ Document proofread for errors
☐ FRCP 11 certification reviewed (no frivolous claims)
☐ All required signatures obtained

X. Document Tracking Log

Sources and References

• Federal Rules of Civil Procedure: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure
• CM/ECF Information: https://www.uscourts.gov/court-records/electronic-filing-cm-ecf
• PACER Registration: https://pacer.uscourts.gov
• U.S. Courts Forms: https://www.uscourts.gov/forms

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]