| JOHN SMITH Plaintiff v. SHERIFF OF DUVAL COUNTY, Defendant |
Case No. 3:13-cv-5555-J-34PDB |
|
| Complaint and Demand for Jury Trial | ||
• Claim or Claims. A complaint must include a short statement of the claim or claims showing 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 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 relief sought, such as damages (money), a court order, and possibly a jury trial (you usually must ask for one in your complaint if you want one).
If you are seeking a temporary restraining order (an immediate order prohibiting the other side from doing something or requiring the other side to do something), you must follow the Local Rules and Federal Rules of Civil Procedure addressing a temporary restraining order. If you are seeking a preliminary injunction (an order at the beginning of the action prohibiting a party from doing something or requiring a party to do something pending resolution), you must follow the Local Rules and Federal Rules of Civil Procedure addressing a preliminary injunction. A request for a temporary restraining order, a preliminary injunction, or an injunction must be in the complaint. A request for a temporary restraining order and a preliminary injunction also must be in a motion.
• Signature Block. A complaint (and other documents filed with the court, except for exhibits) must include a signature block for each person filing it. A signature block must include a signature, name, address, and phone number. If you change your name, phone number, or address, you must update your information with the court.
• 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 come with a civil cover sheet. You can get the form from the clerk’s office or from the court’s website:
www.uscourts.gov/sites/default/files/js044.pdf
www.uscourts.gov/sites/default/files/ao440.pdf
The Administrative Office of the United States Courts offers forms for civil complaints and related documents. They are on the United States Court website, www.uscourts.gov/forms/civil-forms:
| Form | Name/Description |
|---|---|
| AO 85 | Notice, Consent, and Reference of a Civil Action to a Magistrate Judge |
| AO 85A | Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge |
| AO 88 | Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action |
| AO 88A | Subpoena to Testify at a Deposition in a Civil Action |
| AO 88B | Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises |
| AO 239 | Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) |
| AO 240 | Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) |
| AO 398 | Notice of a Lawsuit and Request to Waive Service of a Summons |
| AO 399 | Waiver of the Service of Summons |
| AO 440 | Summons in a Civil Action |
| AO 441 | Summons on Third-Party Complaint |
| JS 44 | Civil Cover Sheet |
| Pro Se 1 | Complaint for a Civil Case |
| Pro Se 2 | Complaint and Request for Injunction |
| Pro Se 3 | Defendant's Answer to the Complaint |
| Pro Se 4 | Complaint for a Civil Case Alleging Breach of Contract |
| Pro Se 5 | Complaint for a Civil Case Alleging Negligence |
| Pro Se 6 | Complaint for a Civil Case Alleging that the Defendant Owes the Plaintiff a Sum of Money |
| Pro Se 7 | Complaint for Employment Discrimination |
| Pro Se 8 | Complaint for Violations of Fair Labor Standards |
| Pro Se 9 | Complaint for Specific Performance or Damages Based on Contract to Convey Real Property |
| Pro Se 10 | Complaint for the Conversion of Property |
| Pro Se 11 | Third Party Complaint |
| Pro Se 12 | Complaint for Interpleader and Declaratory Relief |
| Pro Se 13 | Complaint for Review of Social Security Decision |
| Pro Se 14 | Complaint for Violation of Civil Rights (Prisoner) |
| Pro Se 15 | Complaint for Violation of Civil Rights (Non-Prisoner) |
