Filing a Civil Lawsuit (Pro Se)
An overview of representing yourself in civil court without an attorney.
"Pro Se" means representing yourself without a lawyer. Courts hold pro se litigants to the same procedural standards as attorneys. This guide provides an educational overview of the civil litigation process.
⚠️ Important Considerations
- Representing yourself is risky. Procedural errors can cause you to lose regardless of the facts.
- Judges cannot give you legal advice or help you with your case.
- The other side may have an attorney who knows the rules better than you.
- This guide is for civil cases only—not criminal matters.
Step-by-Step Guide
1. Determine Jurisdiction
You must file in a court that has authority. Subject Matter Jurisdiction: Does this court handle this type of case (Small Claims, Family, Civil)? Personal Jurisdiction: Does the defendant live or do business here? Did the incident happen here?
2. Draft the Complaint
The Complaint starts the lawsuit. It must include: Caption (court name, parties), Allegations (numbered paragraphs explaining what happened), Causes of Action (legal reasons like Breach of Contract or Negligence), and Prayer for Relief (what you want the court to do).
3. File with the Clerk
Take your Complaint to the court clerk and pay the filing fee (often $100-$400). If you cannot afford it, ask for a Fee Waiver application.
4. Serve the Defendant
You must officially notify the defendant. You generally cannot do this yourself. Use a Sheriff, Process Server, or Adult Non-Party (friend over 18 not involved in the case) who signs an Affidavit of Service.
5. Wait for the Answer
The defendant typically has 20-30 days to file a written Answer. If they don't respond, you may ask for a Default Judgment.
6. Discovery Phase
Both sides exchange evidence through Interrogatories (written questions), Requests for Production (documents), and Depositions (recorded interviews).
7. Trial
Present your case to the judge or jury. You must follow the rules of evidence and procedure just like an attorney would.