How do you file a complaint in federal court, and can a federal court hear your case?

At a glance

Jurisdiction

28 U.S.C. §§ 1331, 1332A federal question, or diversity over $75,000

What to write

Rule 8(a)Jurisdiction, the claim, the relief you want

Cost to file

$405$350 filing fee plus $55 administrative fee

Serve within

90 daysAfter the complaint is filed, Rule 4(m)

Can a federal court hear your case?

Federal courts are courts of limited jurisdiction (limited power). The federal complaint form, Pro Se 1, puts it this way: generally, only two types of cases can be heard in federal court, cases involving a federal question and cases involving diversity of citizenship of the parties. The form asks you to check which one applies, and to explain it.

Federal question jurisdiction

The district courts have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States (28 U.S.C. § 1331). On the complaint form, you list the specific federal statutes, federal treaties and provisions of the United States Constitution that are at issue in the case.

The federal courts publish complaint forms for some common federal claims, such as Pro Se 7, Complaint for Employment Discrimination; Pro Se 8, Complaint for Violations of Fair Labor Standards; and Pro Se 15, Complaint for Violation of Civil Rights (Non-Prisoner).

Diversity jurisdiction: different states and more than $75,000

A federal court can also hear a state-law claim, such as a contract or an injury claim, when the parties are from different states and enough money is at stake. Under 28 U.S.C. § 1332(a), the matter in controversy must exceed the sum or value of $75,000, exclusive of interest and costs, and the case must be between:

• citizens of different States;
• citizens of a State and citizens or subjects of a foreign state, with an exception for permanent residents domiciled in the same State; or
• citizens of different States, with citizens or subjects of a foreign state as additional parties.

• Every plaintiff against every defendant. The complaint form: in a diversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff.Pro Se 1
• A company's citizenship. A corporation is a citizen of every State and foreign state where it has been incorporated, and of the State or foreign state where it has its principal place of business.28 U.S.C. § 1332(c)(1)
• More than $75,000 means more. The amount must exceed $75,000, not counting interest and costs of court, so a claim for exactly $75,000 does not meet it. The form asks you to explain why the amount at stake is more than $75,000.28 U.S.C. § 1332(a)

If neither test fits: state court

The federal courts' own comparison of the two court systems lists most contract cases, tort cases (personal injuries) and family law among the cases state courts hear. If your claim doesn't raise a federal question and the parties aren't diverse, or the amount is $75,000 or less, generally a state court is the place to look. For smaller amounts, see small claims court, and check the deadline to sue in your state.

What a federal complaint must say (Rule 8)

Rule 8(a) asks for three things, each "short and plain":

1. 1Why this court can hear it. A short and plain statement of the grounds for the court's jurisdiction (Rule 8(a)(1)).
2. 2Your claim. A short and plain statement of the claim showing that you are entitled to relief (Rule 8(a)(2)). The form's instructions: state as briefly as possible the facts, how each defendant was involved and what each defendant did, including the dates and places. "Do not make legal arguments."
3. 3What you ask for. A demand for the relief sought, which may include relief in the alternative or different types of relief (Rule 8(a)(3)), such as money for the damages, or an order to stop the conduct causing the harm.

• Caption: the court's name, a title, a file number and a Rule 7(a) designation; the title of the complaint must name all the parties (Rule 10(a)).
• Numbered paragraphs, each limited as far as practicable to a single set of circumstances (Rule 10(b)). Each allegation must be simple, concise, and direct; no technical form is required (Rule 8(d)(1)).
• Your signature: if you have no lawyer, you sign it yourself and give your address, e-mail address and telephone number (Rule 11(a)). By signing, you certify, among other things, that it isn't presented for an improper purpose and that the factual contentions have evidentiary support (Rule 11(b)).
• Privacy: in a filing, include only the last four digits of a social-security, taxpayer-identification or financial-account number, the year of a birth date, and a minor's initials (Rule 5.2(a)).

The filing fee, and filing without paying it

The clerk collects a $350 filing fee to start a civil action (28 U.S.C. § 1914(a)), plus a $55 administrative fee for filing a civil action under the Judicial Conference's fee schedule, effective December 1, 2023. The Northern District of California's handbook gives the total: $405.

If you can't afford it, ask the court to let you proceed in forma pauperis, without prepaying fees. You submit an affidavit that includes a statement of your assets and that you are unable to pay (28 U.S.C. § 1915(a)(1)), usually on form AO 240 (short form) or AO 239 (long form). In the federal courts' words, if the request is granted, the fee is waived; the $55 administrative fee does not apply to people granted in forma pauperis status. The court must then order service by a U.S. marshal or a person it appoints (Rule 4(c)(3)).

Which federal court: venue

There are 94 U.S. district courts. Generally, a civil action may be brought in (28 U.S.C. § 1391(b)):

• a district where any defendant resides, if all defendants are residents of the State where that district is;
• a district where a substantial part of the events or omissions giving rise to the claim occurred, or where a substantial part of the property involved is; or
• if there is no such district, any district where any defendant is subject to the court's personal jurisdiction in the case.

Each court's website, with its pro se pages, local rules and forms, is on uscourts.gov's list of court websites.

After you file: summons, service and the first deadlines

1. The day you file

   The action is commenced (Rule 3). Present a summons to the clerk for each defendant to be served (Rule 4(b)).

2. Within 90 days

   Have each defendant served with the summons and complaint, or get a signed waiver of service (Rule 4(m)). See service of process.

3. The defendant responds

   Usually within 21 days after service, or 60 days after a waiver request was sent (Rule 12(a)). See answering a federal lawsuit.

4. Amending once

   You may amend the complaint once as a matter of course within 21 days after serving it, or within 21 days after service of the answer or of a motion under Rule 12(b), (e) or (f), whichever is earlier (Rule 15(a)(1)).

5. Scheduling

   Unless the judge finds good cause for delay, the scheduling order comes within the earlier of 90 days after any defendant has been served or 60 days after any defendant has appeared (Rule 16(b)(2)).

Free help, and when to talk to a lawyer

You may conduct your own case (28 U.S.C. § 1654), but corporations and partnerships must be represented by an attorney, and the Southern District of New York notes that a non-attorney parent may not appear pro se on behalf of a child, with one exception for social security appeals. In a civil case you do not have a constitutional right to free legal representation, as the Northern District of California's pro se page puts it, and if you start a civil case without a lawyer, you should be prepared to pursue it to completion on your own. Court help desks can help: that court's Legal Help Centers give limited legal advice, and the Southern District of New York lists a free legal assistance project for people who cannot afford a lawyer.

Common questions

Official sources

1. U.S. Courts: Civil cases uscourts.gov
2. Form Pro Se 1: Complaint for a Civil Case (PDF) uscourts.gov
3. 28 U.S.C. § 1331: Federal question govinfo.gov
4. 28 U.S.C. § 1332: Diversity of citizenship; amount in controversy govinfo.gov
5. Federal Rules of Civil Procedure, as amended to December 1, 2025 (PDF) uscourts.gov
6. U.S. Courts: Civil forms, including the pro se forms uscourts.gov
7. 28 U.S.C. § 1914: District court filing fee govinfo.gov
8. U.S. Courts: District Court Miscellaneous Fee Schedule uscourts.gov
9. 28 U.S.C. § 1915: Proceedings in forma pauperis govinfo.gov
10. 28 U.S.C. § 1391: Venue generally govinfo.gov
11. U.S. Courts: Comparing federal and state courts uscourts.gov
12. U.S. Courts: Court website links uscourts.gov
13. 28 U.S.C. § 1654: Appearance personally or by counsel govinfo.gov
14. N.D. Cal.: Representing Yourself in Federal Court, a handbook for pro se litigants (PDF, 2024) cand.uscourts.gov
15. N.D. Cal.: Representing yourself cand.uscourts.gov
16. S.D.N.Y.: Representing yourself in federal court (pro se) nysd.uscourts.gov
17. U.S. Courts: Federal Rules of Civil Procedure uscourts.gov

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