To file a civil complaint, you draft a written document stating who you’re suing, what they did, and what you want the court to do about it; file it with the correct court along with the required fee ($405 in federal district court, generally $75 to $500 in state court); and then arrange for the defendant to be formally served with a copy. In federal court, service must be completed within 90 days of filing, and once the defendant is served they have 21 days to respond. Every step has rules that can sink your case if you skip them, so the sequence below walks through each one in order.
Confirm You’re Still Within the Deadline
Before you draft anything, check the statute of limitations for your claim. Every civil claim has a filing window, and missing it by a day ends the case regardless of how strong the facts are.
Personal injury deadlines run one to six years depending on the state. Breach of contract deadlines are usually longer, in the three-to-ten-year range. Civil claims under a federal statute enacted after December 1, 1990 default to four years from when the claim accrues unless the statute itself says otherwise.1Office of the Law Revision Counsel. 28 USC 1658 – Time Limitations on the Commencement of Civil Actions Arising Under Acts of Congress Securities fraud claims run two years from discovery or five years from the violation, whichever is shorter.
Courts occasionally pause the clock under a doctrine called equitable tolling, but only in extraordinary circumstances outside your control. Treat the deadline as absolute.
Pick the Right Court
You need two things to line up: jurisdiction (whether the court has legal authority over your kind of case) and venue (the specific location where it belongs).
Most civil cases belong in state court. Personal injury, breach of contract, and property disputes governed by state law almost always go there. Federal court is available only in specific situations. The two most common are federal question jurisdiction, where your claim arises under the U.S. Constitution or a federal statute, and diversity jurisdiction, where every plaintiff and every defendant live in different states and more than $75,000 is at stake.2Office of the Law Revision Counsel. 28 USC 1332 – Diversity of Citizenship; Amount in Controversy; Costs For diversity purposes, a corporation counts as a citizen of both its state of incorporation and the state where it has its principal place of business.
Once you know the court system, pick the specific courthouse. In federal court, proper venues include any district where the defendant lives (if all defendants live in the same state), where a substantial part of the events occurred, or, as a fallback, where any defendant is subject to personal jurisdiction.3Office of the Law Revision Counsel. 28 USC 1391 – Venue Generally State venue rules vary, but most states allow filing where the defendant lives or where the dispute occurred.
Draft the Complaint
The complaint tells the court and the defendant what happened, why it’s legally actionable, and what you want. Federal courts and most state courts use notice pleading: a short, plain statement of your claim showing you’re entitled to relief.4Legal Information Institute. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading A few states demand more detailed fact pleading, so check local rules.
At a minimum, the complaint needs to cover:
- Party identification, with full legal names and addresses for every plaintiff and defendant. If you’re suing a business, use the entity’s registered legal name.
- A jurisdictional statement explaining why this court has authority to hear the case.
- A statement of facts, laid out chronologically. Include what’s relevant to your claim and leave out background that doesn’t connect.
- The cause of action, meaning the legal theory that entitles you to relief (negligence, breach of contract, fraud, and so on).
- A demand for relief that specifies exactly what you want. For money damages, say whether you’re seeking compensatory damages, punitive damages, or both. For an injunction, describe what you want the court to order.
Most courts also require standard forms alongside the complaint, typically a civil case cover sheet and a summons for each defendant. These are on the court’s website or at the clerk’s office. Make sure the information on the forms matches the complaint exactly; mismatches cause processing delays.
Your signature matters. Signing a complaint certifies that the factual allegations have evidentiary support, the legal arguments are grounded in existing law or a reasonable extension of it, and the filing isn’t for harassment or delay.5Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers A court that later finds you filed a frivolous or bad-faith complaint can impose sanctions, including making you pay the other side’s attorney’s fees. The rule applies the same way to attorneys and self-represented parties.
File and Pay the Fee
You submit the complaint to the clerk’s office at the court you’ve chosen. Federal courts use an electronic filing system called CM/ECF, which accepts filings around the clock.6PACER. What Is CM/ECF Represented parties usually must file electronically. Self-represented filers often need the judge’s permission before getting electronic access, and some courts require a short training first. If you’re filing on paper, bring the original signed complaint plus copies for the court and for each defendant.
The clerk reviews the documents for technical completeness, stamps them filed, and assigns a case number that will follow every filing for the life of the lawsuit.
Federal Court Filing Fees
The statutory filing fee in federal district court is $350.7Office of the Law Revision Counsel. 28 USC 1914 – District Court; Filing and Miscellaneous Fees The Judicial Conference adds a $55 administrative fee, for a total of $405.8United States Courts. District Court Miscellaneous Fee Schedule Payment is usually by credit card, certified check, or money order. Some courts add smaller charges for issuing each summons or for electronic convenience.
State Court Filing Fees
State fees range roughly from $75 to $500 for general civil cases, and small claims fees are lower. Amounts vary by state, by county, and by case type, so check with the clerk’s office before filing.
Fee Waivers
If you can’t afford the fee, ask the court to waive it. In federal court this is called proceeding in forma pauperis. You file an affidavit disclosing income, assets, and expenses, and a judge decides whether paying would be an undue hardship.9Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis If the waiver is granted, the case proceeds without the initial payment. If it’s denied, you generally have 30 days to pay before the case is closed. Most state courts offer similar waivers with their own income thresholds.
Serve the Defendant
Filing puts the case on the docket, but the lawsuit doesn’t really begin until the defendant is formally notified. You do that through service of process: delivering copies of the summons and complaint according to the court’s rules.
In federal court, service must be completed within 90 days of filing. Miss the deadline and the court can dismiss the case without prejudice, which lets you refile but eats into whatever’s left on your statute of limitations and forfeits your filing fee.10Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons – Section: Time Limit for Service
Who Can Serve and How
You cannot serve the papers yourself. Any person 18 or older who isn’t a party to the lawsuit can do it: a professional process server, a sheriff’s deputy, or a trusted adult. Professional servers typically charge $45 to $110 for standard delivery.
The most straightforward method is personal service, handing the papers to the defendant directly. If the defendant can’t be found in person, most jurisdictions allow substituted service, meaning leaving the papers with a responsible adult at the defendant’s home. Some courts also allow service by certified mail with a signed return receipt.
Serving a Business
For a corporation, LLC, or partnership, you serve an officer, a managing or general agent, or a registered agent authorized to accept service.11Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons – Section: Serving a Corporation, Partnership, or Association Every state requires business entities to maintain a registered agent for this purpose. You can typically find the agent through the business filings database at the secretary of state’s office where the company is incorporated or registered.
Waiver of Service
You can ask the defendant to waive formal service. Mail the complaint and a waiver form with a prepaid return envelope, and the defendant has at least 30 days to sign and return it (60 days if they’re outside the United States). In exchange, the defendant gets 60 days to respond instead of 21.12Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons – Section: Waiving Service A domestic defendant who refuses without good cause has to pay the expenses you later incur completing formal service, plus attorney’s fees for any motion needed to collect them.
Proof of Service
Whoever delivered the papers must complete a proof of service (sometimes called an affidavit of service) stating the date, time, and location of delivery and how and to whom the papers were given. File the completed proof with the clerk. Without it in the record, the court won’t enter any orders against the defendant.
What Happens After Service
Once the defendant is served, they have 21 days to file either an answer or a motion to dismiss.13Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections If service was waived, the deadline stretches to 60 days from when you sent the waiver request.12Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons – Section: Waiving Service
An answer goes through the complaint allegation by allegation, admitting or denying each one. A motion to dismiss argues that even if everything in the complaint is true, there’s no valid legal claim or the court lacks jurisdiction. The defendant can also ask for more time. Requests made before the deadline require good cause; requests made after require excusable neglect, which is harder to show.14Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time
If the defendant does nothing at all, you can pursue a default judgment. First, ask the clerk to enter the defendant’s default, documenting that the defendant was properly served and failed to respond. Then apply to the court for judgment.15Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment Courts scrutinize defaults carefully. A specific dollar amount stated in the complaint moves through the process quickly. Damages that need to be calculated may require a hearing where you present evidence of your losses.
Fixing Mistakes in Your Complaint
You can amend your complaint once as a matter of right, without needing permission, if you do it within 21 days of serving it. If the defendant has already filed a response or a motion to dismiss, you have 21 days from whichever came first.16Legal Information Institute. Federal Rules of Civil Procedure Rule 15 – Amended and Supplemental Pleadings
After that window closes, you need either the defendant’s written consent or the court’s permission. Courts generally allow amendments when justice requires it, but they get less generous as the case progresses. Trying to add new claims deep into litigation invites resistance. Review the complaint carefully before filing, but know an early mistake usually isn’t fatal.
If You’re Representing Yourself
Individuals can represent themselves in federal court without hiring a lawyer. Self-representation doesn’t come with relaxed procedural standards, though. You have to meet the same deadlines and follow the same formatting rules as an attorney. Courts may give some latitude on legal argument, but not on missed deadlines or ignored procedures.
One boundary is firm: a corporation or LLC cannot file a civil complaint without an attorney, even if you own the whole company.17United States District Court, Eastern District of Louisiana. Frequently Asked Questions A business entity that tries to file pro se in federal court will have its complaint rejected or the case put on hold until licensed counsel appears.