Free Instruction Sheet for Filing a Complaint - Federal

INSTRUCTION SHEET FOR THE PREPARATION OF A COMPLAINT 1. The caption should be in the following format: IN THE UNITED STATES COURT OF FEDERAL CLAIMS PLAINTIFF'S NAME v. THE UNITED STATES COMPLAINT 2. The plaintiff must file the original complaint along with a completed cover sheet (see Form 2, Appendix of Forms, RCFC) and provide 7 copies of the complaint (including any attachments). The complaint must be printed on letter-size paper with page numbers appearing in the bottom center margin of the page and must be bound along the left margin or in the upper left corner. 3. The complaint should identify the basis for the court's jurisdiction and provide citations to the underlying statutes or regulations that mandate the payment of money. If the complaint seeks a refund of federal taxes, a social security number must be provided (under seal). Additional pleading requirements appear in RCFC 9. 4. The facts upon which claims are based must be set forth in concise form in numbered paragraphs. The concluding or "Wherefore" paragraph should set forth a demand for judgment against the United States in X number of dollars. 5. The original complaint must contain the plaintiff's or the plaintiff's attorney's signature, name, address, telephone number, facsimile number, and date of signing and must be submitted along with a check in the sum of $250.00 payable to "Clerk, U.S. Court of Federal Claims" in payment of the filing fee. If the plaintiff desires to file without payment of this fee, then a completed "Application to Proceed In Forma Pauperis" must accompany the complaint. 6. The original and 7 copies of the complaint along with the filing fee must be mailed or hand delivered to: Clerk, U.S. Court of Federal Claims 717 Madison Place, NW, Room 103 Washington, DC 20005 7. Service on the United States will be made by the clerk, and the "Notice of Assignment" will show the file date and the assigned docket number. Subject to prior action by the court, the United States has 60 days from the file date to answer or otherwise respond to the complaint. ______________________ Clerk of Court U.S. Court of Federal Claims February 2009 No. __________________