Complaint
(Federal)

Summary

This template is a complaint that may be used in federal district court. It includes practical guidance, drafting notes, and alternate clauses. Unlike the practice in many states, there are few template complaints in federal court, and they are geared toward pro se litigants. The viability of a complaint and its required contents are governed by Fed. R. Civ. P., Rules 8–11, local rules, and the governing substantive law elements. Before drafting the complaint, your initial task is to investigate the facts of the case, verify the claims to be asserted, and determine related issues (jurisdiction, parties, relief, etc.). The complaint is the first document that will be filed in your case and generally the first document that will be read by the court and anyone trying to obtain basic information about your case. As such, it should be well organized and readable. As seen below, it consists of a caption page, jurisdictional and venue allegations, factual allegations, claims for relief, a demand for relief, and the signature of the attorney or client. The complaint must be served with a summons notifying the defendant of the lawsuit. The summons includes the name and address of the plaintiff's attorney, the caption as on the complaint, a statement directed to the defendant setting forth the time within which the defendant must appear and defend, notification of the consequences for failure to appear (default), and a space for the court clerk's signature and seal of the court. For a template summons that may be used in federal court, see Summons (Federal). Pursuant to local rules and standing orders, the following documents also need to be submitted with the complaint in federal court: • Civil Cover Sheet • Disclosure Statements • ADR Compliance or Notification Certificates –and– • Notice of Related Case(s) See Wagstaffe Prac. Guide: Fed. Civil Proc. Before Trial § 17-XVI. For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For more on drafting the complaint, see Commencing a Lawsuit: Drafting and Filing the Complaint (Federal) and Commencing a Lawsuit Checklist (Federal). For discussion of considerations when evaluating a case, see Commencing a Lawsuit: Evaluating Whether to File Suit (Federal). Responding to the complaint. For your planning purposes, note that once you commence an action in federal district court by filing a complaint and properly serving a defendant, the defendant must in general file an answer or other responsive papers within 21 days of service. Fed. R. Civ. P. 12(a)(1)(A)(i). For more on answering the complaint, see Answering the Complaint (Federal).