United States District Court
Northern District of Alabama
GUIDE FOR PROCEEDING WITHOUT A LAWYER
This guide is taken from a guide created in the Middle District of Florida –
special thanks to them for sharing their work product. This guide is
intended to help people who are proceeding in court without the help of
lawyers. It is to be used as a guide; it should not be cited as authority. This
guide was last updated October 31, 2016.
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Table of Contents
1. Introduction .......................................................................... 3
2. Definitions ............................................................................. 3
3. Things to Know Before Representing Yourself .................... 4
4. Rules that Everyone Has to Follow ...................................... 5
5. Preliminary Questions to Ask .............................................. 6
6. Getting the Case Started .................................................... 10
7. Pretrial ................................................................................ 16
8. Trial ..................................................................................... 21
9. Post-Trial ............................................................................ 22
10. Resources ............................................................................ 23
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1. Introduction
If you are reading this guide, you are probably thinking about
bringing or defending a lawsuit without a lawyer’s help. Federal court
can be an intimidating place, and there are a lot of things you need to
think about and know before bringing or pursuing a lawsuit.
Keep in mind that this guide will not answer all of your questions
about how to represent yourself in a lawsuit. Instead, it summarizes
basic steps required to file and pursue a lawsuit. Also keep in mind
that this is just a guide. It is not a set of rules or an official document.
You therefore should not cite it as authority.
If you are reading this guide on a computer, you can click on any red-
colored, italicized text to access another website that will have more
information on the topic. (If you find a broken link, just use a key-
word search to try to find the website.) Of course, if you are reading
this guide in hardcopy, you cannot take advantage of the links, but
should know that any italicized text indicates that there is a website
with more information on the topic.
2. Definitions
2.1 Answer
An answer is the response to a complaint. In that document, the
defendant states his defenses and admits, denies, or states that he
does not have knowledge regarding each allegation in the complaint.
2.2 Complaint
A complaint is the document that gets the lawsuit started. In that
document, the plaintiff states his claim, his demand, and the basis for
the court’s subject-matter and personal jurisdiction.
2.3 Defendant
A defendant is the party who is being sued.
2.4 Discovery
Discovery is simply the process by which parties collect information
from each other and “discover” facts about the case.
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2.5 Docket
The docket is a chronological list of all court events and documents in
the case.
2.6 Judgment
A judgment is the final action by the court that ends the case in the
district court.
2.7 Lawsuit
A lawsuit, also called a case, is a legal claim or accusation that one
person or entity makes against another in a court to get help from the
court. Usually, a lawsuit begins when someone files a complaint.
2.8 Litigant
A litigant, also known as a party, is a person or entity in the lawsuit.
2.9 Motion
A motion is simply a request to the court for some action. An example
is a motion for an extension of time to file something.
2.10 Order
An order is an action by the judge directing someone to do something
or denying a request [motion] made in the case.
2.11 Mediation
A mediation is a settlement conference. A certified, qualified mediator
presides over a mediation. The goal of a mediation is to settle the case.
2.12 Plaintiff
A plaintiff is the party who is bringing the lawsuit.
2.13 Pro Se Litigant
A pro se litigant is a person who represents himself or herself without
the help of a lawyer.
3. Things to Know Before Representing Yourself
Representing yourself carries a lot of responsibilities and some risks.
The court encourages you to carefully consider them. Here are some:
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If you miss a filing deadline, submit a document that is
false, disregard a court order, refuse to follow court
rules, or ask for something to which you know you are
not entitled, you may lose on that ground alone and the
court may impose a fine against you or hold you in
contempt of court.
Lying in court documents is perjury and a crime
punishable by imprisonment.
Rule 11 of the Federal Rules of Civil Procedure prohibits
anyone from filing a lawsuit that is clearly frivolous
[without merit or not serious] or meant only to harass
someone. If the court determines that you have filed
your lawsuit for an improper or unnecessary purpose, it
may impose sanctions against you, including ordering
you to pay the legal fees of the person who you sued.
If you are not a licensed lawyer, you may not represent
anyone except yourself. It is illegal to do otherwise.
If you lose your case, you may be required to pay some of
the costs that the winning party incurred during the
lawsuit. Those costs can be expensive.
4. Rules that Everyone Has to Follow
The old saying, “Ignorance of the law is no excuse,” is true here. You
are responsible for following the rules and procedures that govern the
court process, including the Federal Rules of Civil Procedure, the
Federal Rules of Evidence, the Local Rules for the United States
District Court for the Northern District of Alabama, and, if you or the
other party decide to appeal the final decision, the Federal Rules of
Appellate Procedure. Here are the websites to those rules (you can
also get a copy of the Local Rules at the clerk’s offices in Birmingham
or Huntsville or on our website):
Federal Rules of Civil Procedure
www.law.cornell.edu/rules/frcp
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Federal Rules of Evidence
www.law.cornell.edu/rules/fre
Local Rules for the United States District Court for the
Northern District of Alabama
www.alnd.uscourts.gov/local-rules
Federal Rules of Appellate Procedure
www.law.cornell.edu/rules/frap
5. Preliminary Questions to Ask
5.1 Is This the Right Court to Decide My Dispute?
The United States District Court for the Northern District of Alabama
is one of 94 trial courts in the federal court system. Federal courts can
only hear certain types of cases. Generally, this court can only hear
disputes that fall into one or more of the following four categories:
A dispute that involves a right in the United States
Constitution;
A dispute that involves a federal law (as opposed to a
state law or local ordinance);
A dispute that involves the United States of America (or
any of its agencies, officers, or employees in their official
capacities) as a party; and
A dispute between citizens of different states with an
amount in controversy that is more than $75,000.
If your dispute does not fall into any of those four categories, you
should not file your lawsuit in this court. Instead, you should consider
state, local, or administrative courts (or perhaps arbitration,
mediation, or other types of dispute resolution).
5.2 Is There an Alternative to Representing Myself?
Most people who sue someone or who are being sued hire a lawyer
who is familiar with the law and the court’s rules. Some lawyers are
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willing to accept your case for an agreed-upon percentage of recovery
as their fee if you win your case, and no fee if you do not. That is
known as a contingency-fee arrangement. Most such lawyers screen
cases to make sure potential clients have a reasonable chance of
winning. Some laws may require the other side to pay for your lawyer
if you win your case. Other laws may require you to pay for the other
side’s lawyer if you lose. As just one example, that could happen if you
submit a false or frivolous claim.
If you want to have a lawyer represent you but you cannot afford one,
you might consider contacting Alabama Legal Services at (205) 251-
8006 in Birmingham or (256) 539-2275 in Huntsville. The staff of the
Bar Associations can explain the options for obtaining legal services
for free or at a reduced rate.
Depending on where you live, you might also consider contacting one
of the following referral services or legal-aid organizations. Some of
the organizations offer free legal help, free clinics in various subjects,
and ask-a-lawyer events. (If you do not see your area, you can go to
www.lsc.gov and enter your county, and it will provide a list of
services or organizations in your area.) Note that this court is not
affiliated with any of these services or organizations and merely
provides them as a possible source of help for you. Also note that this
list is not exhaustive; there might be other similar organizations that
can help you.
You may also ask the court to appoint a lawyer for you. Forms to
request appointment of pro-bono counsel are available in the clerk’s
offices in Birmingham and Huntsville. They are also available on our
webpage at www.alnd.uscourts.gov. But, keep in mind that, unlike in
a criminal case, you do not have a right to court-appointed counsel in
a civil case. In rare cases where representation by a lawyer is
particularly appropriate or necessary, the court may appoint counsel.
To make your request, you must file a motion for appointment of
counsel in your case.
5.3 If I Represent Myself, What Will I Have to Do?
If you cannot find a lawyer to represent you, you can pursue your
claim in court by appearing without a lawyer (corporate entities must
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be represented by counsel). When you appear without a lawyer, you
must follow the same rules and procedures that lawyers must follow.
Once you file your lawsuit, you must diligently prosecute it. That
means that you are responsible for doing everything necessary for the
case to move forward. Whether you are representing yourself as a
plaintiff (the person suing) or a defendant (the person being sued), you
have to:
Prepare, file, and serve pleadings and legal memoranda
(briefs);
Gather evidence, bring it to trial, and have a witness
who can testify about it;
Locate, serve, and reimburse witnesses for the expenses
they incurred in having to appear;
Answer other parties’ discovery requests (in other
words, give them the relevant evidence in your
possession that they ask for);
Prepare and serve your discovery requests;
File disclosures required by the court rules;
Know and meet all court deadlines and case filing
requirements;
Attend all court hearings and meetings; and
Arrange for and attend depositions, if necessary.
5.4. Can the Court Give Me Legal Advice?
Although the staff of the clerk’s office can give basic, general
information about court rules and procedures and certain forms, they
are prohibited from giving legal advice, interpreting or applying court
rules, or otherwise participating, directly or indirectly, in any action.
Accordingly, they cannot explain the meaning of a specific rule;
interpret case law; explain the result of taking or not taking an action;
answer whether jurisdiction is proper; answer whether a complaint
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properly presents a claim; or give advice on the best procedure to
accomplish a particular objective.
In addition, the judges cannot give legal advice because they will be
ruling on motions by the parties and may ultimately try the case.
They must remain neutral. The judges’ law clerks and chambers staff
likewise cannot give legal advice. Thus, when pursuing your lawsuit,
you cannot speak to the judge or his or her law clerks without the
other party (or the other party’s lawyer) present. Except for
proceedings in open court, all of your communications with the judge
should be in writing, filed with the clerk’s office, with copies sent to all
parties or their lawyers. The electronic docketing system serves a
copy of every document you file on all attorneys who have entered an
appearance in the case. You should not send correspondence directly
to any judge or to his or her chambers.
5.5 What Information Can the Court Give Me?
The clerk’s office maintains a computer record for each lawsuit. It
includes a docket, which is a chronological list of all court events and
documents filed in a case. You may view the docket at public-access
terminals in our clerk’s offices. Copies of any document in the docket
cost $.50 per page if they are made by clerk’s office staff. There is a
printer in the public area of the clerk’s office. If you print your own
copies to the public printer, the cost is $.10 per page. The clerk’s office
staff may provide basic docket information, in person or over the
phone. However, if the clerk’s office is requested to search the records
of the district, a $34 records search fee will be charged for each name
or item searched.
If you have internet access, you may also register for PACER (Public
Access to Court Electronic Records) and view and print the documents
for your case. To register, go to the PACER registration page on the
PACER website (www.pacer.gov ) or call (800) 676-6856. Using PACER
may cost $.10 per printed page. PACER will give you details when you
register.
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6. Getting the Case Started
Drafting the Filing the Serving the
Complaint Complaint Complaint
6.1 Drafting the Complaint (First Step)
Every civil case starts with a complaint. A complaint outlines a
problem or reason for the lawsuit, which is also known as a claim or
cause of action. You can get a form from the clerk’s office or from the
court’s website:
Complaint for a Civil Case
www.alnd.uscourts.gov/pro-se-Forms
A complaint (and all other documents filed with the court) needs to be
on 8½” x 11” paper, double-spaced, and either typed in a 12-point
black font or written legibly in black ink. Following are the things that
must be in a complaint and the things that must accompany a
complaint.
Caption. A complaint (and other documents filed with
the court) must have a caption that includes the court’s
name and division (Eastern, Southern, Northwestern,
Middle, Northeastern, Jasper or Western), the parties
names and designations (plaintiff or defendant), the case
number if known, and a descriptive title, such as
“Complaint” (other examples are “Plaintiff’s Motion for
Summary Judgment” or “Defendant’s Unopposed Motion
for Extension of Time to Respond to Complaint”). Here is
an example of a caption you would see at the top of a
complaint:
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United States District Court
Northern District of Alabama
Southern Division
JOHN SMITH,
Plaintiff,
v. Case No. 2:16-cv-9999-KOB
SHERIFF OF JEFFERSON COUNTY,
Defendant.
Complaint and Demand for Jury Trial
Subject-Matter Jurisdiction. A complaint must include a
short statement of the basis for subject-matter
jurisdiction, which is what gives the court, as a federal
court, the authority to hear and resolve your claims. As
explained in the above section, “Is This the Right Court
to Decide My Dispute?,” your case must involve a right
in the United States Constitution, a federal law, the
United States of America as a party, or a dispute
between citizens of different states with an amount in
controversy that is more than $75,000. You must tell the
court which category matches your case’s facts and how
it matches those facts so the court knows that it has the
authority to hear and resolve your claim.
Claim or Claims. A complaint must include a short
statement of the claim or claims showing that you are
entitled to relief. In this section, you must include the
core facts that support each element of your claim.
When you write your claim, you must explain what
happened by stating facts, not conclusions or what relief
you want. For example, do this, “The Commissioner of
the Social Security Administration issued a final
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decision denying my claim for disability benefits on July
27, 1997”; not this, “The Commissioner of the Social
Security Administration denied me my right to
benefits.”
Demand for Relief. A complaint must include a demand
for judgment stating the type of relief sought such as
damages (money), a court order, and possibly a jury trial
(you need to ask for one in your complaint if you want
one).
Signature Block. A complaint (and other documents filed
with the court) must include a signature block of each
person filing it. A signature block must include a
signature, typed or printed name, address, and phone
number.
Attachments. Any written document referenced in a
complaint (a contract or a right-to-sue notice, for
example), may be attached to a complaint.
Civil Cover Sheet. A complaint must be accompanied by
a civil cover sheet. You can get the form from the clerk’s
office or from the court’s website:
Civil Cover Sheet
www.alnd.uscourts.gov/pro-se-Forms
Summons. A complaint must be accompanied by
summonses for each defendant. You can get the form
from the clerk’s office or from the court’s website:
Summons in a Civil Case
www.alnd.uscourts.gov/pro-se-Forms
6.2 Filing the Complaint (Second Step)
If you are bringing the lawsuit, you have to pay a filing fee of $405 by
cash, money order, cashier’s check, or a personal credit card. If you
cannot afford the filing fee, you can apply to the court for permission
to proceed without paying it. That is called proceeding “in forma
pauperis.” To do so, you have to complete and file an affidavit-of-
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indigency form so the court can consider your finances and whether
you truly cannot afford the filing fee. You can get the form from the
clerk’s office or from the court’s website:
In Forma Pauperis Affidavit;
In Forma Pauperis Affidavit with Attorney Request
www.alnd.uscourts.gov/pro-se-Forms
Filing the form does not guarantee that you can proceed without
paying the filing fee. The court makes that decision. Even if the court
waives the filing fee, you will still be held responsible for other costs of
litigation, possibly including costs for service of process, photocopies,
deposition transcripts, and costs and fees for witnesses. If your
request to proceed in forma pauperis is denied, you have to pay the
filing fee or the court will dismiss your case.
Generally, you may file a civil case in the district where any defendant
lives or where the claim arose (28 U.S.C. § 1391). If that district for
you is the Northern District of Alabama, there are seven divisions,
two of which have staffed clerk’s offices. Division offices and their
associated counties are as follows:
Eastern Division: Calhoun, Clay, Cleburne, Talladega
Southern: Blount, Jefferson, Shelby
Northwestern: Colbert, Franklin, Lauderdale
Middle: Cherokee, DeKalb, Etowah, Marshall, St. Clair
Northeastern: Cullman, Jackson, Lawrence, Limestone,
Madison, Morgan
Jasper: Fayette, Lamar, Marion, Walker, Winston
Western: Bibb, Greene, Pickens, Sumter, Tuscaloosa
You may file your complaint and other court documents by mail or in
person at a clerk’s office. If you choose to mail your court documents,
addresses and phone numbers for the Northern District of Alabama
are provided below. You may file in either of the two offices. The clerk
will assign your case and provide a case number.
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Birmingham – Main Office:
Hugo L. Black Federal Courthouse
1729 – 5th Avenue, North
Birmingham, Alabama 35203
(205) 278-1700
Huntsville – Divisional Office:
Huntsville Federal Courthouse
660 Gallatin St, SW
Huntsville, Alabama 35801
(256) 551-2501
If you choose to file documents in person at a clerk’s office, you should
know that everyone entering a federal courthouse must present valid
photo identification, go through a metal detector, and may be scanned
by a hand-held wand. All bags, packages, purses, and other items are
examined through an x-ray machine. No weapons of any kind are
allowed in any courthouse. Electronic devices such as laptop
computers, tablets, audio file players and recorders, cameras,
broadcasting equipment, and other devices are not allowed in the
courthouses without a court order. Cell phones, including those with
cameras, are allowed in the federal courthouses in the Northern
District of Alabama. However, they are not to be used in any
courtroom; no photographs and no voice recordings are to be made in
the courthouse.
6.3 Serving the Complaint (Third Step)
Service of process is simply the procedure used to notify each
defendant that someone is suing him or her and that they MUST file
an answer to the complaint. Judgment by default may be entered
against a defendant who fails to timely answer the complaint. Service
is required by law and must be done in one of several specific ways. If
service is not done according to the law, the court may dismiss your
complaint. Rule 4 of the Federal Rules of Civil Procedure states the
requirements for service. (Note that Rule 4 includes special
requirements for service of process when suing the United States, one
of its agencies, or one of its employees.)
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If you are the one who is filing the lawsuit, you must fill out summons
forms (one for each defendant), and present them to the clerk’s office
to be issued. The clerk will sign and date them and add the court’s
seal. You will need a copy of each official summons (the one with the
clerk’s signature and seal) and a copy of the complaint and any of its
attachments for each defendant. Defendants must be served within 90
days of filing the complaint; if not, the court may dismiss your case for
failure to serve defendant(s) in a timely way. There are three different
ways to serve a defendant with a complaint:
Personal Service. Anyone 18 years of age or older, who is
not a party to the complaint, may deliver or serve the
summons and complaint to a named defendant. The
person who serves the summons and complaint must
complete and sign the back of the original summons
form; the return of service must be filed with the court.
That is called the return of service. It is proof to the
court that the defendant has been served and therefore
knows about the lawsuit filed against him.
Waiver of Service. A defendant may waive service,
which means that he or she has agreed to respond to the
complaint even though you did not have him personally
served with the complaint and summons. You can get a
waiver-of-service form from the clerk’s office or from the
court’s website:
Waiver of the Service of Summons
www.alnd.uscourts.gov/pro-se-Forms
Once you have completed the waiver form, you can send
it by first-class mail to the defendant along with a copy
of the complaint and all attachments. If the defendant
completes the waiver form and it is filed with the court
by either you or the defendant, you do not have to
complete personal service of process.
Service by the U.S. Marshal. If the court allows you to
proceed in forma pauperis and waives the filing fee, the
court may also direct the U.S. Marshal to serve the
summons and complaint on the defendant at no cost to
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you. But you still would have to provide completed
summonses and sufficient copies of the summonses and
complaints for all defendants to the clerk’s office for
forwarding to the U.S. Marshal.
7. Pretrial
7.1 Drafting, Filing, and Serving Documents
Pre-trial proceedings include additional exchanges of documents
between the parties. The types of documents vary, but there are
several rules to follow that never change during litigation:
You must file original documents with the court. That
includes documents that you write (such as motions and
memoranda of law [briefs/arguments], as well as
exhibits). You must sign all documents that you have
written.
You may file documents in the clerk’s office in person or
by mail. Generally, in-person filing must be done
Monday through Friday, 8:30 a.m. to 4:30 p.m. The
clerk’s offices are closed on federal holidays and
occasionally during a state of emergency. You may file in
the lobby of the courthouses until 5:30 p.m. If you want
a file-stamped copy of any document for your records,
you should provide the clerk with an extra copy of that
document to be returned to you. If you mail documents
to the clerk for filing and want a return copy for your
file, you must provide a self-addressed, stamped
envelope.
When you file a document, you must also mail or hand-
deliver a copy of that document to all other parties or
the other parties’ lawyers. You must certify on every
document that you have mailed or hand-delivered a copy
to every party either personally or through their
attorney. (There is a rare exception for ex parte
proceedings.)
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You must include a certificate of service with every
document. The certificate of service states when and
how you served a copy of that document on the other
parties or their lawyers. Here is an example of a
certificate of service:
7.2 Answering the Complaint
After the plaintiff has completed service of process on a non-federal
defendant, the defendant has 21 days to respond, usually by an
answer or motion to dismiss. More time may be given under certain
statutes or if the defendant waived service of process. Rule 12, Federal
Rules of Civil Procedure, provides details. An answer includes the
defendant’s responses to the plaintiff’s claims (he or she admits or
denies each allegation), affirmative defenses (a claim is barred by the
statute of limitations, for example), and any counterclaim against the
plaintiff.
Federal defendants have 60 days to respond to a properly served
summons and complaint.
In Alabama Northern the Social Security Administration is given 90
days to respond to a properly served summons and complaint
appealing denial of social security benefits.
7.3 Motions
A motion is a party’s oral or written request to have the court do a
particular thing or rule a particular way. You must file written
motions with the court and send copies to all of the other parties in
the case. Before filing a motion with the court, you should consult the
rules regarding filing and serving motions. Violating the rules may
result in the court denying your motion.
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There are two types of motions: dispositive and non-dispositive.
Magistrate Judges can rule on non-dispositive motions, which if
granted, affect the lawsuit but do not dispose of it or bring it to a
conclusion. If your case is assigned to a Magistrate Judge, you will be
invited to consent to the jurisdiction of the Magistrate Judge. You
can get a Consent or Declaration to Magistrate Judge Jurisdiction
form from the clerk’s office or from the court’s website:
Consent or Declination to Magistrate Judge Jurisdiction
www.alnd.uscourts.gov/pro-se-Forms
If all the parties to a case file written consents, the Magistrate Judge
may rule on dispositive motions (motions that ‘dispose’ of the lawsuit).
If there is not consent of all the parties, the case will be reassigned to
an Article III judge who will rule on the motion.
In cases assigned to a Magistrate Judge that appeal a social security
decision, if there is no consent, the Magistrate Judge prepares a
Report and Recommendation for an Article III judge randomly
selected to hear the appeal.
Usually, the court does not schedule hearings on motions. Instead, the
court sends a written decision to all parties. If a dispositive motion is
submitted to the court and the judge decides to dismiss a complaint,
the written decision is a judgment. Those judgments are final and
conclude District Court proceedings, but may be appealed to the
United States Court of Appeals for the Eleventh Circuit within a
specified number of days as stated in the Federal Rules of Civil
Procedure and Federal Rules of Appellate Procedure.
Parties may file “motions” to ask the court to act. If the court does as
the party requests, the motion is granted; if the court does not do as
the party requests, the motion is denied. Some motions are granted in
part and denied in part. The judge’s order will say what part is
granted and what part is denied.
To write a motion, it is best to begin with a form or sample that fits
your situation. If you cannot find one which fits your situation, you
may write your request yourself. Specific motion forms can be found
in books in law libraries. Here is the start of a typical motion:
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There are no Local Rules regarding motion practice in the Northern
District of Alabama.
Common types of motions include requests to compel discovery
(require the other party to produce), dismissing claims, and for
extensions of time.
Remember, copies of any motion papers must be sent to every party in
the lawsuit to give them a chance to oppose the motion. Opposing a
motion can be as much work as preparing a motion because the
response must state why the court should deny the motion.
7.4 Disclosures and Discovery
Disclosures of facts are often made during a lawsuit. Some disclosures
are required while others are not. If you are wondering whether you or
another party has a legal duty to disclose a fact, you should consult
the rules and the law for guidance. Rule 26 of the Federal Rules of
Civil Procedure discusses disclosures.
Discovery is the process by which parties exchange facts relevant to
the lawsuit. There are rules regarding discovery just as there are
rules for other court processes.
A party can get facts from another party by asking for them. There are
several ways to do this:
Interrogatory. An interrogatory is a written question to
the other party for information that will prove or
disprove a fact.
Request for Production. A request for production is a
written request to the other party for a copy of a
document or access to any other tangible thing that will
prove or disprove a fact.
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Deposition. A deposition is an in-person, recorded,
question-and-answer event used by a party to ask the
other party or a witness questions about the facts
surrounding the case. A party seeking the deposition of
another party may do so by serving an advance notice of
its time and place. A party seeking the deposition of a
non-party may do so by requesting a subpoena from the
clerk’s office and serving the summons on the non-party.
There are limits to the scope of a subpoena. A non-party
may not be required to travel outside of the Northern
District of Alabama or more than 100 miles from his or
her home. A one-day witness fee of $40.00 and mileage
at the prevailing rate of .54¢ per mile 1 round-trip to the
place of holding the deposition must be given to the
witness with the subpoena.
Request for Admission. A request for an admission is a
written request to another party asking him or her to
admit a specific fact important to proving a claim or
narrowing the issues in the lawsuit.
Pro se parties must file discovery documents with the court. Attorneys
in cases with pro se parties must also file discovery documents.
Parties may choose to share information informally as well, and they
often do so when trying to negotiate a settlement of their claims so
they can avoid the time and cost of continuing with the lawsuit.
7.5 Mediation
A mediation is a settlement conference presided over by a certified,
qualified mediator. The mediator may be a Magistrate Judge who is
not assigned to the case or an attorney appointed by the court as
mediator in the case. The goal of a mediation is to settle the case to
avoid the time, cost, and burden of proceeding to trial.
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As of November 1, 2016
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8. Trial
Preparing for trial is one of the most time-consuming and difficult
parts of a lawsuit—for everyone. The court must prepare just as the
parties and their lawyers prepare. From courtroom scheduling to
managing discovery to ruling on motions, everyone at the court is very
busy completing tasks leading up to and during the trial. If your case
is scheduled for trial you may be entitled to a pro-bono attorney. A
pro-bono attorney is one who would represent you without charging
you for his or her services. There is an application for such an
appointment available in the clerk’s offices and on our website at
www.alnd.uscourts.gov.
People who represent themselves, like lawyers representing clients,
must prepare opening statements, closing arguments, witness lists,
exhibit lists and exhibits, and questions for witnesses. If a witness is
needed, the party who needs the witness must have the witness
subpoenaed to appear and, in some instances, pay the witness’s costs.
Any original documents that are going to be offered as evidence must
be brought to the courthouse. Copies of those documents have to be
made too. There must be an original for the witness to testify about
and file with the court plus a copy of the original for every party. If
there is physical evidence other than a document that a party intends
to introduce at trial, it should also be brought to court, whenever
possible, so that a witness can testify about it and other parties can
use it during questioning.
Not all witnesses are allowed to testify at trial. Not all documents or
other objects offered as evidence are accepted as evidence during a
trial. Only a judge can decide if a witness will be allowed to testify or
an object or document will be accepted as evidence. If you are unsure
whether you may offer witness testimony, documents, or other objects
as evidence, you should consult the Federal Rules of Evidence well
before trial.
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9. Post-Trial
9.1 Final Judgment
A final judgment closes the case. In it, the court will enter judgment
in favor of one party or the other on each claim. Entry of the final
judgment on the record starts the time period for filing a notice of
appeal. Orders before the final judgment are usually not immediately
appealable.
9.2. Appeal
The appellate court that hears appeals from the Northern District of
Alabama is the United States Court of Appeals for the Eleventh
Circuit. That court handles appeals from all federal courts in Florida,
Georgia, and Alabama. It is headquartered in Atlanta. Like this court,
the Eleventh Circuit Court of Appeals also offers a handbook, such as
this, designed for persons representing themselves without a lawyer.
It is available on the Eleventh Circuit’s website:
Pro Se Handbook (Rev. 12/15)
www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/Form
ProSeHandbookDEC15.pdf
If you disagree with an appealable order or a final judgment of the
district court, you may appeal under the Federal Rules of Appellate
Procedure. It is important to first read the rules to determine if you
have a right to an appeal.
If you do have a right to an appeal, you must quickly file a notice of
appeal in the district court. The number of days you have to file an
appeal after a judgment varies; please consult the rules. Here are the
contents of a typical notice of appeal:
[Name of party appealing] hereby appeals to the United States Court
of Appeals for the Eleventh Circuit from the [final judgment or order]
entered in this case on [month] [day], [year].
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When you file an appeal, you must pay a $605 filing fee to the district
court. If you cannot afford the filing fee, you may request permission
to proceed in forma pauperis on appeal and have the fee waived. Any
party who is not a prisoner and has been allowed to proceed in forma
pauperis in the district court will also be allowed to proceed in forma
pauperis on appeal to the Eleventh Circuit Court of Appeals.
If you did not proceed in forma pauperis in the District Court but
would like to proceed in forma pauperis on appeal to the Eleventh
Circuit Court of Appeals, you must file a special form along with your
notice of appeal so the court can decide whether to waive the filing fee.
If the court waives the filing fee, you will still be responsible for all
other costs of the appeal. You can get the form from the clerk’s offices
or from the Eleventh Circuit Court of Appeals’ website:
Motion for Permission to Appeal In Forma Pauperis with Affidavit
www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/FormFormaPa
uperis.pdf
10. Resources
10.1 Websites
Federal Bar Association
www.fedbar.org/
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Federal Rules of Appellate Procedure
www.law.cornell.edu/rules/frap
Federal Rules of Civil Procedure
www.law.cornell.edu/rules/frcp
Federal Rules of Evidence
www.law.cornell.edu/rules/fre
Forms and Fees on the U.S. Courts Website
www.uscourts.gov/FormsAndFees.aspx
Forms for Pro Se Parties
www.alnd.uscourts.gov/pro-se-Forms
Local Rules for the Northern District of Alabama
www.alnd.uscourts.gov/local-rules
PACER Registration
www.pacer.gov/register.html
Eleventh Circuit Court of Appeals Pro Se Handbook (Rev. 12/15)
www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/FormProSeHa
ndbookDEC15.pdf
United States Code (unofficial edition)
www.uscode.house.gov
==
U.S. Courts
www.uscourts.gov/Home.aspx
United States District Court for the Northern District of Alabama
www.alnd.uscourts.gov
