UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND
Civil Case Flow Chart
COMPLAINT
The written document that begins a lawsuit in which the plaintiff sets out claims against the defendant(s). The complaint is filed with the
Court.
PAY COURT FEE MOTION TO PROCEED WITHOUT FEES
When the complaint is filed, the plaintiff pays the statutory filing fee. Asks the court to allow the plaintiff to file the case without prepaying the
court fees.
SERVICE OF PROCESS
The complaint is delivered to the defendants as notification MOTION DENIED MOTION GRANTED
The Plaintiff must pay the The Clerk will forward the summons and
that an action has been filed against them. This is the
court fees in order for the Marshal 285 form to plaintiff with
responsibility of the party who filed the claim unless the Court instructions to return. Once completed by
has granted the Motion to Proceed without payment of fees in case to proceed.
the plaintiff, the Clerk will sign, date and
which case it will be done by the U.S. Marshal Service. seal the summons and forward to U.S.
Marshal for service.
REFERRAL TO MAGISTRATE JUDGE
The District Judge may refer pretrial motions, Rule 16 Conferences, and orders resulting from these referrals to the Magistrate Judge.
ANSWER ENTRY OF DEFAULT DEFAULT JUDGMENT
The Defendants’ response to a complaint. Under When a party fails to answer or If the defaulting party fails to cure the
Federal Rules, most defendants have 21 days to file otherwise respond to a complaint, the default after proper notice, plaintiff may
an answer; the U.S. Government has 60 days. Once Clerk may enter a default upon the motion the court for a judgment to be
all answers are filed, the Clerk will schedule a Rule motion of another party. entered awarding the plaintiff the relief
16 Conference before the District or Mag. Judge. sought in the complaint.
DISCOVERY
SCHEDULING ORDERS Before trial, the parties develop evidence for trial by methods that
If the Court orders, the parties must participate in a preliminary include depositions, written interrogatories, requests for production,
pretrial conference to discuss the scheduling of the case, including inspections, and requests for admissions.
discovery, any agreements between the parties, and any other
matters needed to promote the just and speedy resolution of the MOTIONS
lawsuit. The Judge will then enter a Scheduling Order detailing the Parties may file motions regarding discovery and other issues within
procedures and deadlines for discovery and trial. time limits set out in the Scheduling Order.
DISPOSITIVE MOTIONS FINAL PRETRIAL CONFERENCE
After the period for discovery, it may appear that the facts of the case are not disputed, and one After dispositive motions and prior to trial, the
or more parties may file a motion for summary judgment. The Judge will determine whether Judge conducts a conference with the parties to
there are material disputed issues of fact and rule on the motion. If such a motion is granted on discuss the issues for trial, the evidence that
all claims, no trial is needed, and the lawsuit will be resolved by that motion; in some cases, the will be used at trial, and the possibility of
motion may be decided in part, and only certain issues will remain for trial. settlement.
TRIAL JUDGMENT
A trial allows the parties to formally present their case in open court by offering testimony After a verdict, the court enters a judgment on its
and evidence in support of their positions and by making oral argument. In many docket which states the result of the proceeding and
instances, the parties have a right to a trial by jury in a civil action, and the jury ordinarily clearly identifies the specific relief to which the
must reach a unanimous verdict. prevailing parties are entitled.
NOTICE OF APPEAL
A dissatisfied party may appeal the judgment by filing a notice of appeal with the clerk of the District Court. The notice of appeal must be filed within
30 days after the judgment, or 60 days if the United States is a party. A party who was permitted to proceed IFP in the District Court may proceed IFP
on appeal without further authorization, unless the District Court certifies that the appeal is not taken in good faith or finds that the party is not otherwise
entitled to proceed in forma pauperis.
