How Filing Actually Works
Filing the complaint commences the case and stops the 90-day clock. You leave with a case number, a judge and an issued summons.
What commences the case
Rule 3 states that a civil action is commenced by filing a complaint with the court. That act is what stops the 90-day clock.
What goes in with it
Typically the complaint, a civil cover sheet, a summons for each defendant, and either the filing fee or an application to proceed without prepaying it. Form JS-44 is the national civil cover sheet; it records the parties, county of residence, basis of jurisdiction, nature-of-suit code, and demand, and states on its face that it neither replaces nor supplements pleadings and is used by the clerk for statistical purposes. Many districts require it; some use a modified local version.
Paper or electronic
Rule 5(d)(3)(B) states that a person not represented by an attorney may file electronically only if allowed by court order or local rule, and may be required to file electronically only by a court order or local rule that also allows reasonable exceptions. Practice varies widely — some districts let unrepresented parties register for CM/ECF, some require a motion first, some require paper. Each district publishes local rules and, usually, a handbook for unrepresented litigants.
What the clerk does
Under Rule 79(a) the clerk enters the case on the docket and assigns a civil action number. Under Rule 4(b), you present a summons to the clerk; if it's properly completed, the clerk signs, seals, and issues it back to you for service. Judge assignment follows the district's local rules or standing orders.
What you leave with
A case number, an assigned judge, and an issued summons. The summons is what service requires — nothing can be served without it.
Sources
Fed. R. Civ. P. 3, 4(b), 5(d)(3), 79(a); AO Form JS-44; district local rules.
Red flags to watch for
- Leaving the clerk's office without an issued summons
- Assuming you can e-file without checking the district's rule
- No civil cover sheet prepared
Next up
The Filing Fee and Asking the Court to Waive It
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