Click on the following link to access this Court’s
Pro Se Packet, which has been compiled to assist any person wishing to file a complaint in this Court without hiring a lawyer. Even though you do not have a lawyer, you must still look to and follow the Local Rules, as well as the Federal Rules of Civil Procedure. The Local Rules are available
here.
IN PERSON
You can submit your completed pro se packet and $405
filing fee in person by bringing them directly to the Southern District Clerk’s Office on the Fourth Floor of the James M. Carter & Judith N. Keep (“Carter/Keep”) United States Courthouse located at:
333 West Broadway, Suite 420
San Diego, CA 92101
NOTE: If you come in person, you can pay your filing fee via cash, check, money order, or credit/debit card. If you are paying in cash, you must bring exact change.
IN PAPER VIA U. S. MAIL / OVERNIGHT DELIVERY SERVICE
You may also mail your completed pro se packet and a check for the $405 filing fee to the Court to start your case. Please send one original and one copy of the completed pro se packet to the following address:
Clerk, United States District Court
Carter/Keep Courthouse
333 West Broadway, Suite 420
San Diego, CA 92101
In your envelope, you must also include a check for the $405.00 filing fee. Checks are payable to: Clerk, United States District Court. For questions on waivers for filing fees
see Filing Fees and Other Costs.
Once your completed pro se packet is received (i.e., a Civil complaint accompanied by a Civil Cover Sheet and either a filing fee or Application to Proceed in Forma Pauperis), the Clerk’s Office will open your case, provide a case number, and randomly assign a U.S. District Court Judge and Magistrate Judge to your case. The early stages of a case are handled by the Magistrate Judge (the second set of initials after your case number), and the District Judge (first set of initials after your case number) handles later stages of the case, including the trial. In some cases, such as social security appeals, parties may consent to proceed with only the Magistrate Judge involved in the case, which will be explained to you as the case proceeds. Some judges may have their own rules (usually called “Chambers Rules” or a “Standing Order”) in addition to the Local Rules and Federal Rules of Civil Procedure. Once your case is assigned judges you must consider whether they have their own
Chambers Rules.
It is important that you familiarize yourself with the Federal Rules of Civil Procedure, Local Rules, and your judges’ Chambers Rules.
If you would like a conformed copy (a stamped copy showing the date it was filed) of your mailed filing sent to you, please include one extra paper copy of the packet and a self-addressed stamped envelope.
See here for important tips on checking the status of your case.
If you do not have an attorney and are representing yourself, you must open your case by mail or in person. However, after your case is opened, if you want to request authorization to file electronically over the Internet (aka “efile”), you must file a motion.
See here for more information.
Being able to file electronically is a privilege that may be revoked if your filings are frivolous or abusive.
No, you cannot file a document by email or fax. If you do not have an attorney and are representing yourself, you must submit your document(s) in paper, by mail, or electronically (upon Court approval; see FAQ No. 3).
Clerk’s Office staff will not docket any documents received via email or fax.
See here for instructions on responding to a complaint.
You do NOT need to pay a filing fee or fill out an application to proceed in forma pauperis, however, there may be other costs
costs. associated with litigating your case.
NO. While anyone can represent themselves in a civil matter, it is a general rule in federal court that pro se litigants may not represent others. There are additional limitations to self-representation, such as:
- Corporations and partnerships must be represented by an attorney.
- A pro se litigant may not represent a class in a class action.
- A non-attorney parent may not appear pro se on behalf of a child.
Unless appearing in Court before the judge, all communication to the judge must be done in writing by filing a motion or notice on the docket.
Check your judges’
chambers rules for information on the reasons that you may contact the judges’ chambers. Do
NOT excessively call your judges' chambers or frivolously file documents on the docket.
The Constitution provides NO RIGHT to appointment of counsel in a civil case. Appointment is therefore at the "discretion" of the District Judge. It will usually only be exercised upon a showing of "exceptional circumstances," which is a very high bar to clear. If you think you have exceptional circumstances warranting a judge to appoint you counsel in your civil case, please see a form motion to appoint counsel
here.