Pro Se FAQs

General

Federal courts have limited jurisdiction. The types of cases filed in federal court are:

  • cases that deal with a question involving the United States Constitution;
  • cases where the United States is a party;
  • cases brought under federal law, including statutes; and
  • cases where the parties live or do business in different states and the alleged damages are more than $75,000.00 (also called diversity jurisdiction).

If your case does not fall under any of these categories, the federal court may not be the correct court to file your lawsuit.

An individual cannot file a criminal case against anyone. The United States Attorney's Office is responsible for filing federal criminal cases. Allegations of criminal behavior should be reported to the local police, the Federal Bureau of Investigation, or other law enforcement agency

Legal Assistance

See a list of organizations that offer legal assistance and legal referral services here.

Yes, you can contact the U of D Mercy Law School Federal Pro Se Legal Assistance 313-234-2690 or by email proseclinic@udmercy.edu to learn more about the Clinic services.

See a list of organizations that offer legal assistance and legal referral services here

You can find links to the Local Rules, Federal Rules of Civil Procedure, and other legal research resources by clicking here.

The Clerk's Office staff can provide general information about court rules and how the process works. They cannot:

  • Give legal advice;
  • Explain how court rules apply a case;
  • Recommend a how to proceed in your case;
  • Predict when a judge will rule on a matter;
  • Predict a judge's decision on a specific matter; or
  • Explain the meaning of a court order or judgment.

You will not be able to speak directly or have any private communication, which is considered 'ex-parte communication', with the judge.

To properly communicate with the judge, all communications should be submitted in writing, through the Clerk's Office.

In order for the judge to take action in your case, you must file a motion explaining what you want and why. If you are not incarcerated, before you file your motion, pursuant to EDM LR 7.1 (a), Seeking Concurrence in Motions and Requests, you must either call or write to the attorneys for the other parties and ask whether they agree or disagree with what you want to asking of the judge. Your motion must state that you contacted the attorneys for the other parties and what their response was to your request.

The judge or magistrate judge assigned to your case in accordance with LR 7.1(f) will set a hearing on all other motions, unless an order submission and determination without hearing.

Hearings will not be held on motions for rehearing or reconsideration, unless the judge orders a hearing.

There is no set time limit for the judge to issue a decision on a motion or to resolve your case.

Magistrate Judge

Magistrate Judges are judicial officers appointed by the Court to assist in the work of the Court. They can decide matters in your case and their decisions are subject to review by the District Judge. The parties can also agree 'consent' to have the Magistrate Judge preside over the case instead of the District Judge.

Filing a Civil Lawsuit or Notice of Removal

Click here to see a video on how to file a complaint

As required by Rule 3 of the Federal Rules of Civil Procedure to begin a civil lawsuit, a complaint must be filed.

To file a civil lawsuit you must do the following:

  1. Complete the Complaint form.

    • If filing an Employment Discrimination Complaint include a copy of the Right to Sue letter
    • If filing a Social Security Complaint include a copy of the Denial of Benefits letter
  2. Complete the JS-44, Civil Coversheet
  3. Provide the Court with an original of each form.
  4. Pay the civil case filing fee (click here for fee) (check, money order or credit card) or ask to have the fee waived by completing the Application for Proceed in District Court Without Prepaying Fees or Costs form

A defendant may remove a civil action from a State court to federal district court by filing a Notice of Removal. See 28 U.S.C. § 1446, Procedure for Removal of Civil Actions, for guidance.

To file a Notice of Removal you must do the following:

  1. Submit the Notice of Removal with the state court record, including the complaint.
  2. Complete and submit the JS-44, Civil Coversheet.
  3. Submit the Notice of Removal, state court record, and JS-44 to the Court for filing.
  4. Pay the filing fee (check, money order or credit card) or ask to have the fee waived by completing the Application for Proceed in District Court Without Prepaying Fees or Costs form.

Your complaint may be amended after it has been filed. The complaint cannot be amended by filing separate or supplemental documents. All parties and claims must be included in the amended complaint. The amended complaint completely replaces the original complaint

Refer to Rule 15 of the Federal Rules of Civil Procedure for more information about amending your complaint.

Filing Fees

To view the fee to file a civil lawsuit or Notice of Removal click here. The fee can be paid by personal check, cashier's check, money order made payable to "Clerk, U.S. District Court." The fee can also be paid by debit or credit card. Cash is not accepted

If you cannot afford to pay the filing fee, you may file an Application to Proceed in District Court Without Prepaying Fees or Costs.

A judge will review your application and decide if you can or cannot afford to pay the filing fee. If the judge decides you cannot afford to pay, the filing fee will be waived.

If the judge decides you can afford to pay the filing fee, you will have a certain amount of time to pay the fee. Partial payments are not accepted.

Service

The complaint must be served on the defendant 90 days from the date the complaint was filed. Refer to Rule 4 of the Federal Rules of Civil Procedure for more information about serving the summons and complaint.

The summons and complaint can be served on the defendant(s) using one of the methods below. For more information about service, see the Service Handbook.

Personal Service

A person who is not a party to the case and is over the age of 18, can personally deliver or serve the summons and complaint on the defendant(s). The person who served the complaint must complete the second page of the summons form.

By Mail

The defendant(s) can be served with the summons and complaint using certified mail with restricted delivery and return receipt.

Waiver of Service

You may ask the defendant(s) to waive formal service by sending a Notice of Lawsuit and Request to Waive Service of a Summons and a Waiver of the Service of Summons. If the defendant waives service, they will return the signed Waiver of the Service of Summons form to plaintiff.

Service by U.S. Marshal

If your request to waive the filing fee is granted and your complaint is not dismissed, the Court will direct the U.S. Marshal to serve the defendant(s) with the summons and complaint.

It is the plaintiff's responsibility to notify the Court that the defendant(s) have been served with the complaint by filing a proof of service with the Clerk's Office.

If the summons and complaint were served by:

Certified Mail:

A green certified return receipt card (PS Form 3811) will be returned for each defendant that received the summons and complaint. Complete the Proof of Service form and attach the return receipt card or a copy, and file it with the Clerk's Office.

Personal Service:

The person who served the defendant must complete the Return of Service section on the second page of the summons. The Return of Service must be filed with the Clerk's Office.

After the summons and complaint have been served the defendant has 21 days to respond to the complaint. If suing the United States, a United States Agency, officer or employee, they have 60 days to respond to the complaint.

Please refer to the Service Handbook for more information about service.

Filing Documents

Documents for filing can only be submitted by mail or electronically through the Pro Se Document Upload Program.

To Send Documents By Mail:

U.S. District Court

Attn: Clerk's Office

231 W. Lafayette, 5th Fl

Detroit, MI 48226

To Submit Documents Electronically:

Pro Se Document Upload Program

Documents must be in a PDF format in order to be uploaded.

If you are not an electronic filer, you will receive notification of filings in your case by U.S. Postal Service regular first class mail.

If you are an electronic filer, a Notice of Electronic Filing is emailed when something has been filed in your case.

If you would like to electronically view, file and receive documents filed in your case, you can register to become an electronic filer. In order to become an electronic filer you must:

  1. Be able to convert documents to a PDF format, have access to the internet, a scanner, and complete online training, if required.
  2. Apply for a PACER account and register to e-file in the Eastern District of Michigan at https://pacer.uscourts.gov/