Case Initiation and Service

To start a case in federal court, a party must file a complaint in person or by mail. For more information about what is to be included in a complaint or petition and its formatting, see Chapter 4 of the Handbook for Self-Represented Parties.

The following documents must accompany the complaint:

For more information, see Chapter 5 of the Handbook for Self-Represented Parties.

Social Security Litigants:

The Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g) apply in cases where a plaintiff is seeking district court review of the final decision of the Commissioner of Social Security.  To initiate a case, a plaintiff is required to file:

When the complaint is filed, the Clerk's Office will send a notice of electronic filing to counsel for the Social Security Administration and the Oregon United States Attorney's Office.  Confirmation that the complaint was transmitted is included in the case procedural order. Note: The plaintiff is not responsible for serving the complaint and does not need to include proposed summonses.

Service

Plaintiffs must give the other parties to their lawsuit a copy of every document that they file with the Court. This is referred to as "serving" or "service on" the other parties. For more information about serving a summons and complaint, see Chapter 8 of the Handbook for Self-Represented Parties and Fed.R.Civ.P 4.

Forms for Service

Prisoner Pro Se Litigants

Self-represented prisoners may elect to use one of the following forms to initiate their case in federal court:

In addition, actions filed by prisoners are generally subject to review by a judge to determine if the action meets the standards to proceed or requires dismissal. If you are a state prisoner filing a civil rights case that survives screening, the Court will typically seek a waiver of service on your behalf. If you are a federal prisoner or the state defendant(s) declines to waive service, the Clerk's Office will contact you to request that you submit the required summons(es) and U.S. Marshal instruction forms. For more information specific to initiation of prisoner cases, see Chapter 17 of the Handbook for Self-Represented Parties.

Applying for Pro Bono Representation

For more information on applying for Pro Bono Representation, see the page on Applying for Pro Bono Representation.

Motion for Appointment of Pro Bono Counsel

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