OK, I have my federal complaint, now what

[divemedic]

I have sued CA's in small claims before, but I want to try this one in federal. I typed my federal complaint. Where do things go from here?

How are they served?

After they are served, do I send interrogatories?

How is that done?

I know these are dumb questions, but this is my first time in federal.

[Xanathos]

Alright, Federal

1) Send in the Complaint AND a summons to the court at the same time (you can find copies of a summons for printing off your court's web page)

2) They'll send ya back a notarized summons. Package that with a copy of the Complaint and send it to a process server with a check for 40 bucks (or whatever they charge)

3) Process server will send you back proof of service. You send that in to the court.

4) THen you wait for the Defendant to answer the Complaint(typically they'll wait till the last day)

From there things can take a number of directions, but usually results in Defendant calling up to settle.

[hendu]

How did your suits go in small claims? Did you have to educate the judge?

I have sued CA's in small claims before, but I want to try this one in federal. I typed my federal complaint. Where do things go from here?

How are they served?

After they are served, do I send interrogatories?

How is that done?

I know these are dumb questions, but this is my first time in federal.

[devil21]

I have sued CA's in small claims before, but I want to try this one in federal. I typed my federal complaint. Where do things go from here?

How are they served?

After they are served, do I send interrogatories?

How is that done?

I know these are dumb questions, but this is my first time in federal.

You may want to have some fed vets look your complaint over for any problems. Its a pain to amend if its after their answer.

Most everything is explained here in the federal rules of civil procedure:

http://www.law.cornell.edu/rules/frcp/overview.htm#toc

1. They are served by taking a few copies of your complaint and filed out summons (usually printable from the courts web site), pay your filing fee, let the clerk stamp them, then either hire a process server to serve their registered agent or if your local rules allow it, you can CMRRR the complaint and summons. Only use the CMRRR route if you have been assured it is proper service by your district.

2. After service, wait 20 days and they should send you and the court an Answer and Defense. They may throw in a motion to dismiss or whatever if there are flaws in your complaint (why I suggested having your complaint looked over by a fed vet).

3. Interrogs come much later (2 months or so) after the process has started. There are some procedural things that have to be handled first (see rule 26f and 16b).

With fed cases, stick to the letter of the rules (both FRCP and local rules) and you should be fine.

[divemedic]

Well, if Xan or any others want to look at this for me, it would be appreciated.

My record in SC was good, but i had to school a court appointed mediator once during required pretrial mediation. He wasn't even familiar with the Florida rules of procedure, yet he was mediating court cases. I am 5-0 in small claims, 1 win, 4 settles with money and deletion for me.

Anyway, if any vets wanna help, let me know and I will PM ya.

[hendu]

That's an impressive record in small claims divemedic!!! Why are you deciding to file in federal now?

Well, if Xan or any others want to look at this for me, it would be appreciated.

My record in SC was good, but i had to school a court appointed mediator once during required pretrial mediation. He wasn't even familiar with the Florida rules of procedure, yet he was mediating court cases. I am 5-0 in small claims, 1 win, 4 settles with money and deletion for me.

Anyway, if any vets wanna help, let me know and I will PM ya.

[devil21]

Id be happy to look over it for you. I had to amend my complaint b/c of minor stupid issues so I could probably pick any problems out that they would go after. Check your PMs.