Form To Be Used In Filing Civil Complaint In Federal Court (Non Prisoner Complaint Form)

Revised 05/01 WDNY UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK HOW TO FILE YOUR ACTION IN FEDERAL COURT (Instructions for Non-Prisoner Complaint) Check the Western Districts web site at www.nywd.uscourts.gov for copies of many of the Courts forms and other useful information.IMPORTANT: This packet includes the complaint forms and additional materials you haverequested. Although you are not required to submit your complaint on the complaint form, youmust provide all the information requested on that form. If you choose not to use the officialform, be sure that you provide all the information that is requested on the official form andthat you enclose the proper number of correctly filled out supporting documents. If yourpapers are not properly completed and/or if you do not send enough copies of documents, yourpapers will be returned to you for correction of any deficiencies.I. COMPLAINT FORM A. To start an action, you must file an original complaint, plus an exact copy of your complaint for each defendant you name, and one extra copy. For example, if you name two defendants, you must file the original and three copies of the complaint (one original, plus a copy for each of the two defendants plus one extra copy). All copies of the complaint must be identical to the original. You should also keep an additional copy of the complaint for your records. B. Your complaint must be legibly handwritten or typewritten, in blue or black ink if possible, preferably on the enclosed forms. If you need additional space to answer a question, you may attach additional pages. However, additional pages should be used only if absolutely necessary; your complaint should be specific but as brief as possible. Please refer to Rules 8(a)(2) and 10(b) of the Federal Rules of Civil Procedure for the requirements governing the format and content of your complaint. Failure to comply with these requirements may lead to a Court order rejecting your complaint until it does comply.C. Section 1: Caption This section requires you to list your name as the plaintiff and the names of all of the defendants. Do not use abbreviations such as "etc." or "et al." Also, note that only those defendants whose names are listed in this Section (or in the caption if you do not use the official forms) will be considered by the Court as defendants.D. Section 2: Statement of Jurisdiction, Venue and Nature of Suit Federal Court is a court of limited jurisdiction and thus only certain types of cases may be brought in this Court. Therefore, this section requires you to identify the basis for your bringing this action in federal court. It also requires you to state why you have brought it in this particular federal court (why venue is proper in the Western District). You must also describe the<<<<<<<<<********>>>>>>>>>>>>> 2 nature of your suit. If you do not use the official forms, your complaint must have a section which contains all of this information. E. Section 3: Parties to This Action This section requires you to identify the parties to the lawsuit. (You should set out in Section 1: Caption only the parties names and perhaps their titles (such as Dr. or Commissioner)). In Section 3: Parties, you must provide each partys name, official position (if relevant) and address, and if you are seeking service by the U.S. Marshals, you may provide any other information which may assist in identifying or locating the parties. If you do not use the official forms, your complaint must have a section which identifies and locates the parties in this way. F. Section 4: Previous Lawsuits This section requires you to provide detailed, accurate and thorough information about all previous lawsuits you have filed regarding the same facts involved in this case. If you cannot provide all of the details requested, you must provide as much information as you can. Deliberate misrepresentation or omission of information is perjury and is punishable by law. G. Section 5: Statement of Claim This section, which is divided into separate sub-sections for each claim, requires you to tell the Court when each alleged incident occurred, which defendant(s) were involved and specifically what each of the defendant(s) did to you. You must provide specific facts regarding each claim; these facts should demonstrate to the Court how your rights were violated and by whom they were violated. You must give facts only. Please refer again to Rule 8(a)(2) and 10(b) of the Federal Rules of Civil Procedure regarding how to present your claim. Your complaint must not contain legal arguments or case citations. You must also state the federal basis for each claim (such as the U.S. Constitution, a specific federal statute, diversity jurisdiction or pendent jurisdiction), and describe what relief you are seeking for each claim. H. If you wish a jury trial, check "yes" on the last page of the complaint form (and check "yes" in the JURY DEMAND box on the Civil Cover Sheet.) If you do not use the official forms, you must state in the body of your complaint that you demand a jury trial.I. Sign the complaint before a notary public, if one is available to you. If not, your signature at the end of your complaint under penalty of perjury is adequate.J. Amended Complaints An amended complaint completely replaces your original complaint and must therefore include all of the necessary allegations. You may file one amended complaint as of right at any time before an answer to the original complaint is served. You may also be instructed by the Court to file an amended complaint. If you wish to amend after an answer has been filed, you may do so either by obtaining permission of all other parties to the action or by bringing a motion asking the Court for permission to amend. 2<<<<<<<<<********>>>>>>>>>>>>> 3 Refer to Rule 15(a) of the Federal Rules of Civil Procedure for the requirements for amended complaints. K. Supplemental Complaints You may file a supplemental complaint only if you request permission of the Court by motion with notice to the opposing parties. A supplemental complaint may only address events which have occurred since the time the original complaint was filed and which are in some way related to the original allegations. Refer to Rule 15(d) of the Federal Rules of Civil Procedure for the requirements for supplemental complaints. II. FILING FEES AND "POOR PERSONS STATUS" Refer to 28 U.S.C. 1915.A. In order to file the completed complaint and other necessary pape