This webpage provides resources for individuals representing themselves in federal court. If you wish to initiate a civil action in federal court but do not have an attorney to represent you, you may file it on your own. Filing a civil action on your own is called proceeding "Pro Se." The right to appear pro se in a civil case in federal court is provided by, 28 U.S.C. § 1654. There are, however, certain limitations to self-representation, such as:
-
Corporations and partnerships must be represented by an attorney
-
A pro se litigant may not represent a class in a class action
-
A non-attorney parent may not appear pro se on behalf of a child, except to appeal the denial of the child's social security benefit
-
Power of attorney does not permit you to represent another person in federal court
A civil action is the only type of case you can file in federal court and is different from a criminal action, which can only be initiated by government officials. You do not have the right to an attorney in a civil case and the Court only appoints attorneys in certain circumstances. Because you do not have the right to an attorney and may not be appointed one, you must be ready to pursue your case to completion yourself.
This webpage contains information to help you file your case if you decide whether to proceed Pro Se. You will find forms and links to other internet sites below. There is also information about where you may be able to get legal help. The Court and its employees, however, cannot give you legal help or advice. If you file a case Pro Se, you will have to follow the Federal Rules of Civil Procedure and this Court's Local Rules the same as any attorney who represents someone. Visit the following link for information on How the Federal Courts Work.
Be advised that the Clerk's Office and its employees are forbidden by law from giving you legal advice. Legal advice could be described as, but is not limited to: offering interpretation of rules; recommending a course of action; predicting a judicial officer's decision, calculating deadlines, or interpreting the meaning or effect of any court order or judgment.
This webpage is intended to be an informative and practical resource for understanding the basic procedures of the court. The statements on this webpage do not constitute legal advice and may not be cited as legal authority. This webpage does not take the place of the Federal Rules, this court's Local Rules, other applicable rules, or the individual practices of the judges of this court. All parties using this webpage remain responsible for complying with all applicable rules of procedure. If there is any conflict between the information on this webpage and the applicable rules, the rules govern.
General Resources for Representing Yourself in Federal Court
Legal Aid Resources in Mississippi
Do I have a Federal Case?
Generally federal courts can hear a case if:
- the dispute involves the U.S. Constitution, federal laws, or treaties, (federal question jurisdiction)
- when the parties in the case are from different states, or the case is between a U.S. citizen and a citizen of another country, AND the amount in controversy is more than $75,000.00
Click here for more information on Federal versus State Courts
Forms
These forms are provided for your general reference and use. They help to make sure that all the information required to open your case is provided. You are required to adhere to the Federal Rules of Civil Procedure and the local rules adopted in this district. Both are accessible from this website.
You should not rely on this information/forms as a substitute for the advice of a lawyer. Neither the clerk nor court staff may give you any legal advice.
Click on one of the links below for more information on filing, and/or the form complaint you wish to file. Note: you should read the rules and general information before filling out a form.
Non-Prisoner Forms
General Civil Complaint Form for Non-Prisoner Lawsuit
Complaint form for an employment discrimination lawsuit
Complaint for a 1983 civil rights complaint (not related to jail or prison conditions)
Social Security Complaint Form
Civil Cover Sheet Instructions
Motion to Proceed without Prepayment of Fees (In forma pauperis form)
Prisoner Forms
Prisoner Civil Rights Complaint pursuant to 42 U,S,C,1983 (prisoner related suits)
Petition and instructions for writs of habeas corpus under 28 USC 2241
Petition and instructions for writs of habeas corpus under 28 USC 2254 (state prisoners)
Petition and instructions for writs of habeas corpus under 28 USC 2255 (federal prisoners)