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:

• Enough copies of the complaint for service on each defendant
• Civil Cover Sheet (JS-44)
• Proposed Summons(es) (AO 440)
• Filing fee OR an Application to Proceed In Forma Pauperis .

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:

• Two copies of the complaint
• Civil Cover Sheet (JS-44)
• Filing fee OR an  Application to Proceed In Forma Pauperis .

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

• Summons in a Civil Action (AO 440)
• Notice of Lawsuit and Request to Waive Service of a Summons (AO398)  
• Waiver of the Service of Summons (AO 399)
• U.S. Marshals Service Form (USM 285)

Prisoner Pro Se Litigants

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

• Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody Pursuant to 28 U.S.C. 2255  (AO 243)
• Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241  (challenges to the execution of a federal sentence) (AO 242)
• Petition for a Writ of Habeas Corpus Pursuant to 28. U.S.C. 2254  (challenges to a state-court criminal judgment) (AO 241)
• Prisoner Civil Rights Complaint

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.