To file a complaint in civil court, you draft a document that names the parties, describes what happened, and states what you want the court to order; then you submit it to the correct court with the filing fee and arrange for the defendant to be served with a copy. Before drafting anything, confirm two things: that your deadline hasn’t passed, and that you’re filing in the right court.
Confirm Your Filing Deadline
Every civil claim has a statute of limitations. Miss it and the court will almost certainly dismiss your case regardless of its merits. Deadlines vary by claim type and by state, which is why this is the most time-sensitive step in the entire process.
Common ranges include:
- Personal injury: one to six years, depending on the state.
- Breach of contract: three to fifteen years, with written contracts generally getting longer deadlines than oral agreements.
- Property damage: two to six years.
The clock usually starts on the date the harm occurred. Under the discovery rule, the start date is delayed until you knew or reasonably should have known about the injury and its cause. Courts also pause the clock (called tolling) in certain situations, such as when the injured person is a minor; in that case the deadline typically doesn’t begin running until the person turns 18. Look up your state’s specific deadline for your specific claim before you do anything else.
Check Whether an Agency Filing Comes First
Some lawsuits can’t go straight to court. Federal and state laws sometimes require you to file with a government agency first and wait for a response. Skip this step and your lawsuit gets dismissed even if the underlying claim is valid.
Employment Discrimination
If you’re suing an employer under Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Pregnancy Discrimination Act, you generally must first file a charge with the Equal Employment Opportunity Commission. The EEOC investigates and, if it doesn’t resolve the matter, issues a right-to-sue letter. You then have 90 days from receiving that letter to file your lawsuit. Claims under the Equal Pay Act or the Age Discrimination in Employment Act do not require this step.
Claims Against the Federal Government
Claims for money damages caused by a federal employee’s negligence fall under the Federal Tort Claims Act. Before suing, you must submit an administrative claim to the responsible federal agency within two years of the date you knew or should have known about the injury. That claim must include a specific dollar amount. The agency then has six months to respond; if it denies the claim or fails to respond within that period, you can proceed to court.1Office of the Law Revision Counsel. 28 U.S. Code 2675 – Disposition by Federal Agency as Prerequisite
Pick the Right Court
Two questions decide where you file: jurisdiction (does the court have legal authority over this type of case?) and venue (is this the right geographic location?).
Jurisdiction: Federal or State
Federal courts hear two main categories of civil cases. The first is any claim that arises under the U.S. Constitution, a federal law, or a treaty.2Office of the Law Revision Counsel. 28 U.S. Code 1331 – Federal Question The second is a dispute between residents of different states (diversity jurisdiction), but only when the amount at stake exceeds $75,000.3Office of the Law Revision Counsel. 28 U.S. Code 1332 – Diversity of Citizenship; Amount in Controversy; Costs If your case doesn’t fit either category, you file in state court. Most civil lawsuits — contract disputes, personal injury, landlord-tenant matters — belong in state court.
Venue: Which Location
In federal court, you can generally file where any defendant lives (if all defendants live in the same state) or where a substantial part of the events took place.4Office of the Law Revision Counsel. 28 U.S. Code 1391 – Venue Generally State courts follow similar logic, typically pointing to the county where the defendant lives or where the incident occurred. Filing in the wrong location can get your case dismissed or transferred.
Consider Small Claims
If your dispute involves a smaller dollar amount, small claims court offers a faster, cheaper alternative. Dollar limits range from $2,500 to $25,000 depending on the state. Small claims courts use streamlined procedures, often don’t require a formal complaint, and many don’t allow attorneys. If your claim fits within your state’s limit, this route can save real time and money.
Draft the Complaint
The complaint is a structured document. Courts vary in formatting preferences, but the core elements are the same everywhere.
Caption and Parties
The caption is the header that identifies the court, the case title, and the parties. In federal court, it must include the court’s name and every plaintiff and defendant by their full legal name.5Cornell Law School. Federal Rules of Civil Procedure Rule 10 – Form of Pleadings You also need the plaintiff’s address, or the attorney’s name and address if you’re represented. Getting party names wrong can create real problems later, so use each party’s legal name, not a nickname or trade name.
Facts and Legal Claims
The body tells the court what happened and why the defendant should be held responsible. Federal rules require “a short and plain statement” showing you’re entitled to relief.6Cornell Law School. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading In practice, that means describing the key events in chronological order and tying them to a legal theory: the defendant breached a contract, caused an injury through negligence, violated a statute. You don’t have to prove your case at this stage. You do have to give the defendant enough detail to understand the accusation and give the court enough to see a plausible claim.
Prayer for Relief
The final section tells the court what you want. Common requests include:
- Compensatory damages: money to cover actual losses, including economic costs like medical bills and lost wages, and non-economic harm like pain and suffering.
- Punitive damages: additional money meant to punish especially reckless or intentional misconduct. These require a higher standard of proof and aren’t available in every case.
- Injunctive relief: a court order requiring the defendant to do something or stop doing something.
You can request more than one type in the same complaint. Many plaintiffs also request court costs and interest.
File It With the Clerk
Once drafted, you submit the complaint to the court clerk with any required forms and the filing fee.
How to Submit
Federal courts use an electronic filing system called Case Management/Electronic Case Files (CM/ECF), which allows attorneys and registered filers to submit documents online.7United States Courts. Electronic Filing (CM/ECF) Many state courts have similar systems. Some still accept paper filings by mail or in person, especially from self-represented parties. Check your specific court’s website for accepted methods.
What It Costs
Filing a civil complaint in federal district court costs $405, which includes a $350 statutory fee and a $55 administrative fee.8Office of the Law Revision Counsel. 28 U.S. Code 1914 – District Court; Filing and Miscellaneous Fees; Rules of Court State court fees vary widely, typically running from around $100 to several hundred dollars depending on the court and the type of case. Filing isn’t complete until the fee is paid.
If You Can’t Afford the Fee
You can ask the court to waive the fee by petitioning to proceed in forma pauperis. This requires a sworn statement about your income, assets, and expenses. Courts will deny the request if you have the means to pay or if the claim is frivolous. In federal court, once you get an IFP waiver, the court screens your complaint and can dismiss it early if it finds the claim lacks legal merit.
Civil Cover Sheet
Federal courts also require a civil cover sheet (Form JS 44). It collects basic information about the parties, the type of claim, and the basis for jurisdiction, and helps the clerk set up the docket. It doesn’t replace the complaint; it’s an administrative filing that goes alongside it.
Serve the Defendant
Filing with the court is only half the job. You must also deliver copies of the complaint and a court-issued summons to the defendant. This is called service of process. Until the defendant is properly served, the court has no authority over them and the case can’t move forward.
Who Serves
You can’t serve the defendant yourself. Federal rules require service by any person who is at least 18 and not a party to the lawsuit.9Cornell Law Institute. Federal Rules of Civil Procedure Rule 4 – Summons Most plaintiffs use a professional process server or a sheriff’s deputy. Fees for a private process server typically run $40 to $100 for standard service, more for rush requests, multiple attempts, or hard-to-locate defendants.
How Service Happens
The most common method is personal delivery: physically handing the documents to the defendant. Some jurisdictions also allow service by certified mail with a return receipt, which provides proof of receipt. After service, a proof of service document is filed with the court confirming who was served, when, where, and how.
The 90-Day Deadline
In federal court, you have 90 days after filing the complaint to complete service. Miss that deadline without good cause and the court can dismiss your case without prejudice, meaning you could refile, but you’ll lose time and may run into statute of limitations problems. If you can show good cause for the delay, the court must grant additional time. State courts have their own service deadlines.
Waiver of Service
Federal rules offer a shortcut. You can mail the defendant a request to waive formal service. If they sign and return the waiver, you avoid the cost of a process server. In exchange, the defendant gets extra time to respond: 60 days from the date the request was sent instead of the usual 21 days. If the defendant refuses to waive service without good cause, the court can order them to pay the costs you incurred completing formal service.
What the Defendant Does Next
Once served, the defendant has 21 days in federal court to file an answer or a motion to dismiss.10Cornell Law Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections That extends to 60 days if the defendant waived formal service. An answer addresses each allegation and raises defenses. A motion to dismiss argues that the case has a fundamental flaw, like being filed in the wrong court, naming the wrong party, or failing to state a valid claim.
If the defendant fails to respond at all, you can ask the court for a default judgment. First the clerk enters a notation of default; then the court can grant judgment in your favor.11Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment The court may hold a hearing to determine damages, and it can set aside a default judgment for good cause.
What You’re Certifying When You Sign
Signing a complaint is a legal certification. Federal rules require that anyone filing has made a reasonable investigation into the facts and the law first. You’re certifying that the filing isn’t for an improper purpose like harassment, that the legal arguments have a real basis, and that the factual claims have evidentiary support or are likely to after discovery.12Cornell Law School. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions Violating these requirements can lead to sanctions, from orders to withdraw a filing to financial penalties or an order to pay the other side’s attorney’s fees. The court judges reasonableness based on what you knew when you filed, not with hindsight.
Filing Without a Lawyer
You have the right to file a civil complaint without hiring one. Self-represented parties, called pro se litigants, file in both federal and state courts. Courts generally hold pro se parties to the same procedural rules as attorneys, though judges often read their filings more generously when deciding whether a valid claim has been stated.
If you represent yourself, read both the applicable rules of civil procedure and your court’s local rules, which add filing requirements that vary between courthouses. Many courts publish standardized complaint forms and step-by-step filing guides for pro se litigants on their websites. If you can’t afford a lawyer, you can file a written motion asking the court to appoint one, though courts aren’t required to do so in most civil cases, and appointment depends on the court’s discretion and the complexity of the claims.