{"id":9757,"date":"2017-11-27T05:43:36","date_gmt":"2017-11-27T05:43:36","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=9757"},"modified":"2023-02-20T04:21:17","modified_gmt":"2023-02-20T04:21:17","slug":"civil-complaint-form-self-help-walkthrough","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=9757","title":{"rendered":"Civil Complaint Form Self-Help Walkthrough"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0So\u00a0<\/em>it appears you were reading the\u00a0<\/em>Federal Rules of Civil Procedure<\/a> and when you got to Rule 3 –\u00a0Commencing an Action<\/em><\/a> you came across the Civil Complaint Forms<\/a> section of this website before finding this page.\u00a0 Clicking on any of the screenshots found throughout this page will enlarge the image.<\/span>
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Step One:
\nFind the Right Courthouse.
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\u00a0 \u00a0 \u00a0At the top of page one of the official\u00a0Complaint for a Civil Case form<\/em><\/a>, you’ll see this:<\/strong><\/span><\/p>\n

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\u00a0 \u00a0 \u00a0To find out which district court is nearest you, use the<\/span><\/strong><\/p>\n

United States Courts’ Court Locator<\/em><\/a>.<\/span><\/strong><\/p>\n

Also<\/span> learn all about U.S. district courts<\/a>.<\/span><\/strong><\/p>\n

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Step Two:
\nJury Trial or Bench Trial?
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\u00a0 \u00a0 \u00a0Next<\/em>, the civil complaint form<\/a> provides the complainant<\/a> with the option<\/em> as to whether or not they want a jury trial:
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\u00a0 \u00a0 \u00a0To help you decide whether or not you’d like to have a jury trial or a nonjury trial (a trial before a judge known as a “bench trial<\/a>“):<\/strong><\/span><\/p>\n

Trial by Jury –\u00a0what to know<\/em><\/a><\/strong><\/span><\/p>\n

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Step Three:
\nIdentifying Involved Parties:
\n<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Within the pre-trial case building<\/a> section of this site, you likely filed some records requests which helped you to identify the various natural persons<\/a>, artificial persons<\/a>, and other organizations<\/a> directly and\/or indirectly involved in your case who may be potentially listed as defendants<\/a>.
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Screenshot of Bottom of Page 2<\/em> and Top of Page 3<\/em> on the Civil Complaint form:<\/a><\/span><\/strong><\/p>\n

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Step Four:
\nDiversity of Citizenship<\/em> or Federal Question<\/em>?
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\u00a0\u00a0\u00a0\u00a0 At the top of page 3 of the of the civil complaint form<\/a> we find the next part that merits explanation.\u00a0 Federal courts are courts of limited jurisdiction<\/a> (limited power).\u00a0 Generally, only two types of cases can be heard in federal court cases involving a federal question<\/a> and involving diversity of citizenship<\/a> of the parties.\u00a0 Screenshot from civil complaint form<\/a>:<\/strong> <\/span><\/p>\n

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Learn More:<\/span><\/strong><\/p>\n

Federal-Question Jurisdiction<\/span><\/a> \u2013 the exercise of federal-court power over claims arising under the U.S. Constitution, an act of Congress, or a treaty<\/a>.\u00a0 Federal laws are generally codified within the United States Code<\/a> (see Types of Crimes <\/a>and corresponding laws)<\/em>.
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Diversity Jurisdiction<\/a><\/span> \u2013 the jurisdiction of a federal court over all civil actions involving diversity of citizenship <\/a><\/strong>(wherein the parties involved are from different states (or foreign states))<\/em> and the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs.<\/strong><\/span><\/p>\n

Step Five:<\/span><\/strong><\/div>\n

Damage Assessment
\n<\/span><\/span>Amount in Controversy<\/em>:<\/span>
\n<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 On page 4, under section “B. If the Basis for Jurisdiction Is Diversity of Citizenship<\/span>” (shown on page 3), you will see reference to the “amount in controversy”, as shown<\/em>:<\/strong><\/span><\/p>\n

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\u00a0\u00a0\u00a0\u00a0 To find the “amount in controversy, you will need to assess the damages<\/a>, <\/em>or “how much money is owed to you in order for you to recovery from your losses.”\u00a0 There are many <\/em>legal terms to become acquainted with when referencing damages; it is best to simply go through them all and write down all the types of damages that might apply to your case; to help with this, we’ve organized all the definitions you will need onto one page:<\/span><\/strong><\/p>\n

Damage Assessment Made Simple<\/strong><\/span><\/a><\/p>\n

Step Six:<\/span><\/strong><\/span><\/p>\n

More Coming Soon.<\/span><\/strong><\/p>\n

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References:<\/strong><\/span><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: United States Courts, Federal Rules of Civil Procedure (2017):\u00a0\u00a0www.uscourts.gov\/rules-policies\/current-rules-practice-procedure\/federal-rules-civil-procedure<\/a><\/strong><\/span><\/p>\n

[2]: <\/strong><\/span>Black\u2019s Law Dictionary\u00a0<\/a><\/strong>Deluxe Tenth Edition<\/b><\/a><\/em>\u00a0by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/strong><\/span><\/p>\n