Free Filing a Complaint on Your Own Behalf - Arizona

FILING A COMPLAINT IN YOUR OWN BEHALF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Sandra Day O'Connor United States Courthouse 401 West Washington Street, Suite 130 Phoenix, AZ 85003 (602) 322-7200 Evo A. DeConcini United States Courthouse 405 West Congress Street Tucson, AZ 85701 (520) 205-4200

(April 2008)

TABLE OF CONTENTS I. II. III. IV. INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 TERMINOLOGY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 FILING YOUR CASE: INITIAL PLEADINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 OTHER INFORMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Change of Address.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Format of Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Copies of Documents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 FEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Statutory Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Advance Payment Required.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 OPERATION OF THE CLERK'S OFFICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 General Information.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Court's Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Geographic Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Where to Obtain our Local Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Where to Find the Federal Rules of Civil Procedure.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

V.

VI.

ATTACHMENTS 1. What We Can and Cannot Do 2. Sample Format for Complaint 3. Summons Form 4. Notice of Lawsuit and Request for Waive of Service of Summons 5. Waiver of Service of Summons 6. Format for IFP Motion 7. Format for Proposed IFP Order 8. F.R.Civ.P. 4 9. F.R.Civ.P 5.2 10. F.R.Civ.P. 8(a) 11. How to Calculate Time for Filing Documents 12. Schedule of Fees 13. Legal Services Organizations

I.

INTRODUCTION

These procedural guidelines were written and compiled to assist an individual who wishes to file a civil action on his/her own behalf (Pro Se) before the United States District Court for the District of Arizona. These procedural guidelines may also be used by an individual who wishes to file a civil action on his/her own behalf who is found indigent by the court and may proceed without prepayment of costs or fees for filing a complaint in this court. Samples of most documents necessary to initiate an action in federal district court are included in this packet, as well as copies of any federal or local rules referenced in these guidelines. These guidelines CANNOT take the place of an attorney's legal advice. They are by no means comprehensive and are only intended to assist you in understanding the basic terms and procedures required by the court. This summary is intended only as a general guide. Any documents you file must comply with the Federal Rules of Civil Procedure (Fed.R.Civ.P.) and the District of Arizona Local Rules of Practice. The fact that you are not represented by an attorney does not relieve you of this overriding responsibility. Compliance with these rules is required. Please be aware that the Clerk's Office staff are prohibited from giving legal advice pursuant to 28 USC §955. This includes: ! ! ! ! II. offering interpretations of rules; recommending a course of action; predicting a decision a judicial officer might make on any given matter; interpreting the meaning or effect of any court order or judgment. TERMINOLOGY

To familiarize you with words you will hear frequently, the following is a list of some legal terms and their definitions: PRO SE If you are filing a lawsuit on your own and will represent yourself, you are proceeding pro se. IN FORMA PAUPERIS To proceed without prepayment of costs or fees for filing a complaint. PLAINTIFF The person who is filing the complaint against an individual, a corporation or company, or a government agency. DEFENDANT The party that is being sued. LITIGANT A party to a lawsuit COUNSEL One who has been admitted as an attorney at law to assist his/her client with advice and pleads for him/her in open court.

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COMPLAINT The document that a plaintiff files with the Clerk of Court to initiate a lawsuit. It contains a clear statement of the important information about the claim(s) of the plaintiff and identifies each defendant. (See F.R.Civ.P. 8(a)) ANSWER A document filed by the defendant in response to the complaint. SUMMONS This is a formal command of the court, directed to the defendant, which informs the defendant that an action has been brought against him/her and an answer is required. (See F.R.Civ.P. 4) MOTION A request made to the court for the purpose of obtaining a ruling or order directing an act to be performed in favor of the applicant or movant. The court may either hold a hearing on the motion requiring the parties to appear OR the judge may decide the motion without a hearing. (See LRCiv 7.2 and LRCrim 12.1) ORDER An order is issued by a judge or a magistrate judge and usually directs the plaintiff or the defendant to do something. An order may also be issued to grant or deny a motion. JUDGMENT The official and authentic decision of a court adjudicating with finality the respective rights and claims of the parties to a suit. JURISDICTION The power or legal authority of the court to hear and decide a case. DOCKET NUMBER Civil case/civil action number assigned to a case by the court when a new complaint is filed. The number includes the "CV" designation for a civil case, followed by the last two digits of the calendar year in which the case is filed; the number of the case in the order filed during the calendar year, followed by the designation of the division where filed, and ending with the initials of the district judge to whom the case is assigned. (Example CV-96-12-PHX-RCB) LODGED The Clerk of Court receives a document for safekeeping until a decision is rendered by the judge as to whether the document shall be filed. WAIVER OF SERVICE OF SUMMONS Pursuant to F.R.Civ.P. 4, service of summons can be waived by the defendant. The "Waiver of Service" with its companion form "Notice of Lawsuit and Request for Waiver of Service of Summons" can be mailed by the Pro Se plaintiff by 1st class mail to each defendant to request the defendant to save costs by not requiring service of process. SERVICE OF PROCESS The service of writs, summonses, or rules to the party to whom they ought to be delivered. III. FILING YOUR CASE: INITIAL PLEADINGS

The complaint must not include any personal identifiers (see FRCivP 5.2). When filing a complaint you must submit the following documents; examples of which are included in this packet as attachments (also refer to Section IV, page 4 of this packet for format information): 2

1. 2. 3. OR

An original and one copy of the complaint. An original and one copy of the summons listing each named defendant $350.00 filing fee made payable to Clerk, U.S. District Court.

An original and one copy of a motion (request) to proceed in forma pauperis (IFP) with supporting information regarding your financial status, and an original and one copy of a proposed order granting leave to proceed in forma pauperis for the judge's signature. Copies of these forms are included in this packet. NOTE: The term "in forma pauperis" refers to one's inability to pay the fees for filing and serving a complaint. If filing in forma pauperis (IFP), the original complaint will be filed and assigned the next consecutive civil case number. You have the right to request that the judge order the U. S. Marshal to serve the summons and complaint, although you must describe the extraordinary circumstances that would prohibit you from arranging for service yourself. An original and one copy of each of the documents, including the complaint, are to be provided by the filer. These documents will be forwarded to the judge who is randomly assigned to the case. After reviewing the documents submitted to the court, the judge will determine whether or not you will be granted leave to proceed in forma pauperis. Once a decision has been made, you will receive a copy of the judge's order by mail. If leave to proceed IFP is denied, your case will be dismissed unless you pay the filing fee. If IFP is granted, YOU MUST SUBMIT AN ORIGINAL AND ONE COPY OF A SUMMONS PREPARED FOR EACH DEFENDANT AND the clerk will issue the summons(es) AND RETURN THEM TO YOU FOR SERVICE. You will be responsible for initiating service of a summons and the complaint upon each of the other parties in accordance with Rule 4 of the F.R.Civ.P, a copy of which is included in this packet. You may also choose to serve the defendant(s) by mail as described in Rule 4 of the F.R.Civ.P. If you wish to make service by mail, complete Form 398 (Notice of Lawsuit and Request for Waiver of Service), and Form 399 (Waiver of Service of Summons), both of which are included in this packet. If you had requested that the U. S. Marshal make service on your behalf and the judge granted your request, the court will send you various forms to complete and return to the Clerk's Office. The clerk will then issue the summons(es) and forward the documents to the U.S. Marshal's Office for service pursuant to the Federal Rules of Civil Procedure. If you are paying the $350.00 filing fee, the complaint and all other documents submitted to the court will be filed and assigned the next consecutive civil case number. An original and one copy of each of the documents, including the complaint, are to be provided by the filer. Keep in mind, however, that an original and one copy of the summons form should be prepared for each named defendant. The complaint and supporting documents will be forwarded to the judge who is randomly assigned to the case. If you have submitted summonses, we will issue them and return them to you at the time you file your complaint. You will be responsible for serving the summons and complaint upon the defendant(s) in accordance with Rule 4 of the F.R.Civ.P. You may choose to serve the defendant(s) by waiver of service, as described in Rule 4 of the F.R.Civ.P. A copy of F.R.Civ.P. 4 is in this packet. If you wish to make service by mail, complete Form 398 (Notice of Lawsuit and Request for Waiver of Service), and Form 399 (Waiver of Service of Summons), both of which are included in this packet.

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IV.

OTHER INFORMATION

All documents filed with the court should bear the correct civil action number and the initials of the district judge to whom the case is assigned. The case number format will be provided to you by the court at the time a case number and judge are assigned. Change of Address If you should change your address, LRCiv 83.3(d) requires that you file and serve a written notice of a change of address. Format of Documents All documents shall be submitted for filing on 8 ½ by 11 inch white paper. Pursuant to F.R.Civ.P. 11, each pleading must be signed by at least one attorney of record or the pro se litigant, if self-represented. A name, address and telephone number are required on all pleadings. All pleadings and papers must be presented according to the requirements set forth in LRCiv 7.1 and LRCrim 12.1). Copies of Documents All documents shall be submitted for filing in an original and one copy. If you desire to receive a file stamped copy, you must provide an additional copies of the document. A self-addressed stamped envelope is required if done by mail. V. FEES

Statutory Regulations The Judicial Conference of the United States, pursuant to Title 28, U.S.C. §1914(b) and 1930, adopted a schedule of fees for filings in the United States Courts (copy attached). All checks and/or money orders shall be made payable to the Clerk, U.S. District Court. Advance Payment Required Fees are due at the time of filing. If no filing fee or application for in forma pauperis status is received with the filing of a summons and complaint, and a filing fee is required, summons will not be issued until the fee requirement is met or in forma pauperis status is granted. Payment of copy fees or search fees is required at the time the request is made. VI. OPERATION OF THE CLERK'S OFFICE

General Information The District Court Clerk's Office in Phoenix and Tucson are open for business between the hours of 8:30 a.m. and 5:00 p.m., except for Saturdays, Sundays and legal holidays. Court's Address The United States District Court for the District of Arizona has two separate staffed locations: PHOENIX Sandra Day O'Connor U.S. Courthouse 401 West Washington Street, Suite 130, SPC 1 Phoenix, AZ 85003-2118 (602) 322-7200 TUCSON Evo A. DeConcini U.S. Courthouse 405 West Congress Street, Suite 1500 Tucson, AZ 85701 (520) 205-4200

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Geographic Jurisdiction The District covers the entire state of Arizona. However, the District is divided into three divisions, each named and comprising counties as follows: Phoenix Division: Maricopa, Pinal, Yuma, La Paz and Gila counties Prescott Division: Apache, Navajo, Coconino, Mohave, and Yavapai counties. Tucson Division: Pima, Cochise, Santa Cruz, Graham, and Greenlee counties. All files and records of the Phoenix and Prescott divisions are kept at Phoenix and all files and records of the Tucson division are kept at Tucson. Documents should either be mailed or hand delivered to the appropriate office. Where to Obtain our Local Rules The Local Rules of Practice of the United States District Court for the District of Arizona may be obtained from our website, www.azd.uscourts.gov, (Opinions / Orders / Rules, Local Rules) or upon request from the Clerk's Office Customer Service staff. Where to Find the Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (Fed.R.Civ.P.) are available for viewing at the following law libraries: Maricopa County Law Library 201 West Jefferson Phoenix, AZ (602) 506-3461 Pima County Law Library 110 West Congress, 2nd Floor Tucson, AZ (520) 621-1413 U of A Law Library Speedway & Mountain Tucson, AZ (520) 740-8456

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Welcome to the U.S. District Court District of Arizona
WE ARE HAPPY TO HELP YOU IF WE CAN. HOWEVER, WE ARE ALLOWED TO HELP YOU ONLY IN CERTAIN WAYS, SINCE WE MUST BE FAIR TO EVERYONE. This is a list of some things the court staff can and cannot do for you. We can explain and answer questions about how the court works provide you with the number of the local lawyer referral service, legal services programs and other services where you can get legal information give you general information about court rules, procedures, and practices provide court schedules We cannot We can provide you information from your case file provide you with court forms and instructions that are available usually answer questions about court deadlines We cannot tell you what to say in court tell you what you should do next in your case provide you a copy of an order until it is filed in by the Clerk's Office compute deadlines in your particular case We cannot tell you whether or not you should file a case give you an opinion about what will happen if you bring your case to court

We can

We cannot

We cannot

tell you what words to use in your court papers talk to the judge for you or let you talk to the judge outside of court

We can

We cannot

We can

We can

We cannot

We can

We cannot

Since court staff may not know the answers to all questions about court rules, procedures, and practices, and because we don't want to give you wrong information, we have been instructed not to answer questions if we do not know the correct answers. For additional information, please contact a lawyer or your local law library, or visit our web site at www.azd.uscourts.gov.
ATTACHMENT 1

1 2 3 4 5 6 7 8 9 10 11 12

Your Name Address City, State, Zip Telephone Number

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Your Name, Plaintiff, vs. Defendant.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

) CASE NUMBER WILL BE ASSIGNED ) AT TIME OF FILING ) ) ) ) COMPLAINT ) ) ) )

Jurisdiction (Separate Paragraph)

Complaint (Separate Paragraph(s)) COMPLAINT MUST COMPLY WITH RULE 8(a) (A copy of Rule 8(a) is attached)

Demand (Separate Paragraph)

(YOUR SIGNATURE IN INK) Your name typed or printed Address Telephone Number

ATTACHMENT 2

2 AO 440 (Rev. 04/08) Civil Summons

UNITED STATES DISTRICT COURT
for the

__________ District of __________
Plaintiff

v.
Defendant

) ) ) ) )

Civil Action No.

Summons in a Civil Action To: (Defendant's name and address)

A lawsuit has been filed against you. Within days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff's attorney, whose name and address are:

If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Name of clerk of court

Date:
Deputy clerk's signature

(Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States allowed 60 days by Rule 12(a)(3).)

Attachment 3

2 AO 440 (Rev. 04/08) Civil Summons (Page 2)

Proof of Service

I declare under penalty of perjury that I served the summons and complaint in this case on by: (1) personally delivering a copy of each to the individual at this place, ; or (2) leaving a copy of each at the individual's dwelling or usual place of abode with who resides there and is of suitable age and discretion; or (3) delivering a copy of each to an agent authorized by appointment or by law to receive it whose name is ; or (4) returning the summons unexecuted to the court clerk on (5) other (specify) . My fees are $ for travel and $ for services, for a total of $
0.00

,

; or

.

Date:
Server's signature

Printed name and title

Server's address

AO 398 (03/08) Notice of a Lawsuit and Request to Waive Service of a Summons

UNITED STATES DISTRICT COURT
for the __________ District of __________ ) ) ) ) )

Plaintiff v. Defendant

Civil Action No.

Notice of a Lawsuit and Request to Waive Service of a Summons To:
(Name of the defendant or - if the defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)

Why are you getting this? A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached. This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed waiver within days (give at least 30 days or at least 60 days if the defendant is outside any judicial district of the United States) from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy. What happens next? If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of the United States). If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service. Please read the enclosed statement about the duty to avoid unnecessary expenses. I certify that this request is being sent to you on the date below. Date
Signature of the attorney or unrepresented party

Printed name

Address

E-mail address

Telephone number

Attachment 4

AO 399 (03/08) Waiver of the Service of Summons

UNITED STATES DISTRICT COURT
for the __________ District of __________ ) ) ) ) )

Plaintiff

v.
Defendant

Civil Action No.

Waiver of the Service of Summons To:
(Name of the plaintiff's attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from , the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to do so, a default judgment will be entered against me or the entity I represent. Date
Signature of the attorney or unrepresented party

Printed name

Address

E-mail address

Telephone number Duty to Avoid Unnecessary Expenses of Serving a Summons Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. "Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant's property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.

Attachment 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Name Address City, State, Zip Telephone number

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) )
Plaintiff, vs. ) ) ) ) ) ) ) ) ) CV MOTION TO PROCEED IN FORMA PAUPERIS and SUPPORTING INFORMATION

Defendant.

I, ___________________________________, declare that I am the Plaintiff in this action; that I hereby request to proceed without being required to prepay fees, costs or give security therefore. I state that, because of my poverty, I am unable

to pay the fees of said proceeding; that I believe I am entitled to relief. In further support of this application, I answer the following questions: 1. Are you presently employed? a. Yes No

If the answer is "yes", state the amount of your salary or wages per month and give the name and address of your employer.
ATTACHMENT 6

1 2 3 4 5 6 7 8 9 10 11 2.

b.

If the answer is "no", state the date of last employment and the amount of the salary and wages per month which you received.

Is your spouse employed? a.

Yes

No

If the answer is "yes", state the amount of your spouse's salary or wages per month and give the name and address of your spouse's employer.

b.

If the answer is "no", state the date of last employment and the amount of the salary and wages

12 13 14 15 16 17 18 b. 19 20 21 22 23 24 25 26 27 28 -2during the past twelve months. d. e. Gifts or inheritances Any other sources c. Pensions, annuities or life insurance payments Yes Yes Yes No No No Rent payments, interest or dividends Yes No 3. Have you received within the past twelve months any money from any of the following sources? a. Business or other form of self employment Yes No per month which your spouse received.

If the answer to any of the above is "yes", describe each source of money and state the amount received from each

1 2 3 4

4.

Do you own any cash, or do you have money in checking or savings accounts? Yes No

If the answer is "yes", what is the amount of money you own in cash _________, checking account ___________,

5 6 7 8 9 10 11 of each. 12 13 14 15 16 17 18 DATED this ___ day of ________________, 200__. 19 20 21 22 23 24 25 26 27 28 -3______________________________ Your signature in ink ______________________________ Your name typed or printed ______________________________ ______________________________ Address _______________________________ Telephone Number 6. List the number of persons who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute towards their support. I declare under penalty of perjury that the forgoing is true and correct. 5. savings account ___________. Do you own any or real other estate, stocks, bonds, notes,

automobiles,

valuable

property

(excluding Yes No

household furnishing and clothing)?

If the answer is "yes", describe and give estimated value

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I, 16 Judge of the United States District Court for the District of 17 Arizona, hereby: 18 GRANT the application for leave to proceed in forma 19 pauperis, without prepayment of costs or fees or the 20 necessity of giving security therefore. 21 be responsible for service by waiver or of the summons 22 and complaint. 23 GRANT the application for leave to proceed in forma 24 pauperis, without prepayment of costs or fees or the 25 necessity of giving security therefore. 26 waiver or of the summons and complaint shall be at 27 government expense on the defendants by the U.S. Marshal 28
ATTACHMENT 7 Defendant. vs. Plaintiff,

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) )

CV ORDER

, District Judge/Magistrate

Plaintiff shall

Service by

1 2 3 4 5 6 7 8 9 10 11 12

or his authorized representative. DENY the application for leave to proceed in forma

pauperis without prepayment of costs or fees or the necessity of giving security therefore. Plaintiff shall

have 10 days from the entry of this Order to pay the filing fee of $350.00. The Clerk of Court is directed to

enter dismissal of this action without further notice if Plaintiff fails to pay the filing fee of $350.00 within 10 days of the entry of this Order. The Clerk shall forthwith notify the Plaintiff of the entry of this Order. DATED this day of , 200 .

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2United States District/Magistrate Judge

FEDERAL RULES OF CIVIL PROCEDURE Rule 4. Summons 1. (a) Contents; Amendments. (1) Contents. A summons must: (A) name the court and the parties; (B) be directed to the defendant; (C) state the name and address of the plaintiff's attorney or -- if unrepresented -- of the plaintiff; (D) state the time within which the defendant must appear and defend; (E) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint; (F) be signed by the clerk; and (G) bear the court's seal. (2) Amendments. The court may permit a summons to be amended. (b) Issuance. On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons -- or a copy of a summons that is addressed to multiple defendants -- must be issued for each defendant to be served. (c) Service. (1) In General. A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service. (2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint. (3) By a Marshal or Someone Specially Appointed. At the plaintiff's request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916.

ATTACHMENT 8

(d) Waiving Service. (1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must: (A) be in writing and be addressed: (i) to the individual defendant; or (ii) for a defendant subject to service under Rule 4(h), to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process; (B) name the court where the complaint was filed; (C) be accompanied by a copy of the complaint, 2 copies of a waiver form, and a prepaid means for returning the form; (D) inform the defendant, using text prescribed in Form 5, of the consequences of waiving and not waiving service; (E) state the date when the request is sent; (F) give the defendant a reasonable time of at least 30 days after the request was sent -- or at least 60 days if sent to the defendant outside any judicial district of the United States -- to return the waiver; and (G) be sent by first-class mail or other reliable means. (2) Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant: (A) the expenses later incurred in making service; and (B) the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses. (3) Time to Answer After a Waiver. A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent -- or until 90 days after it was sent to the defendant outside any judicial district of the United States. (4) Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver.

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(5) Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any objection to personal jurisdiction or to venue. (e) Serving an Individual Within a Judicial District of the United States. Unless federal law provides otherwise, an individual -- other than a minor, an incompetent person, or a person whose waiver has been filed -- may be served in a judicial district of the United States by: (1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or (2) doing any of the following: (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process. (f) Serving an Individual in a Foreign Country. Unless federal law provides otherwise, an individual - other than a minor, an incompetent person, or a person whose waiver has been filed may be served at a place not within any judicial district of the United States: (1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; (2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice: (A) as prescribed by the foreign country's law for service in that country in an action in its courts of general jurisdiction; (B) as the foreign authority directs in response to a letter rogatory or letter of request; or (C) unless prohibited by the foreign country's law, by: (i) delivering a copy of the summons and of the complaint to the individual personally; or (ii) using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt; or (3) by other means not prohibited by international agreement, as the court orders. (g) Serving a Minor or an Incompetent Person. A minor or an incompetent person in a judicial district of the United States must be served by following state law for serving a summons or like process on such a defendant in an action brought in the courts of general jurisdiction of the state where service is made. A minor or an incompetent person who is not

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within any judicial district of the United States must be served in the manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3). (h) Serving a Corporation, Partnership, or Association. Unless federal law provides otherwise or the defendant's waiver has been filed, a domestic or foreign corporation, or a partnership or other unincorporated association that is subject to suit under a common name, must be served: (1) in a judicial district of the United States: (A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or (B) by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and -- if the agent is one authorized by statute and the statute so requires -- by also mailing a copy of each to the defendant; or (2) at a place not within any judicial district of the United States, in any manner prescribed by Rule 4(f) for serving an individual, except personal delivery under (f)(2)(C)(i). (i) Serving the United States and Its Agencies, Corporations, Officers, or Employees. (1) United States. To serve the United States, a party must: (A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought -- or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk -- or (ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney's office; (B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and (C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer. (2) Agency; Corporation; Officer or Employee Sued in an Official Capacity. To serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee. (3) Officer or Employee Sued Individually. To serve a United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf (whether or not the officer or employee is also sued in an official capacity), a party must serve the United States and also serve the officer or employee under Rule 4(e), (f), or (g).
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(4) Extending Time. The court must allow a party a reasonable time to cure its failure to: (A) serve a person required to be served under Rule 4(i)(2), if the party has served either the United States attorney or the Attorney General of the United States; or (B) serve the United States under Rule 4(i)(3), if the party has served the United States officer or employee. (j) Serving a Foreign, State, or Local Government. (1) Foreign State. A foreign state or its political subdivision, agency, or instrumentality must be served in accordance with 28 U.S.C. § 1608. (2) State or Local Government. A state, a municipal corporation, or any other state-created governmental organization that is subject to suit must be served by: (A) delivering a copy of the summons and of the complaint to its chief executive officer; or (B) serving a copy of each in the manner prescribed by that state's law for serving a summons or like process on such a defendant. (k) Territorial Limits of Effective Service. (1) In General. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant: (A) who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located; (B) who is a party joined under Rule 14 or 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued; or (C) when authorized by a federal statute. (2) Federal Claim Outside State-Court Jurisdiction. For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if: (A) the defendant is not subject to jurisdiction in any state's courts of general jurisdiction; and (B) exercising jurisdiction is consistent with the United States Constitution and laws. (l) Proving Service. (1) Affidavit Required. Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server's affidavit.

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(2) Service Outside the United States. Service not within any judicial district of the United States must be proved as follows: (A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention; or (B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the addressee, or by other evidence satisfying the court that the summons and complaint were delivered to the addressee. (3) Validity of Service; Amending Proof. Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended. (m) Time Limit for Service. If a defendant is not served within 120 days after the complaint is filed, the court -- on motion or on its own after notice to the plaintiff -- must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1). (n) Asserting Jurisdiction over Property or Assets. (1) Federal Law. The court may assert jurisdiction over property if authorized by a federal statute. Notice to claimants of the property must be given as provided in the statute or by serving a summons under this rule. (2) State Law. On a showing that personal jurisdiction over a defendant cannot be obtained in the district where the action is brought by reasonable efforts to serve a summons under this rule, the court may assert jurisdiction over the defendant's assets found in the district. Jurisdiction is acquired by seizing the assets under the circumstances and in the manner provided by state law in that district.

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Rule 5.2. Privacy Protection For Filings Made with the Court 1. (a) Redacted Filings. Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, a party or nonparty making the filing may include only:

(1) the last four digits of the social-security number and taxpayer-identification number; (2) the year of the individual's birth; (3) the minor's initials; and (4) the last four digits of the financial-account number. (b) Exemptions from the Redaction Requirement. The redaction requirement does not apply to the following: (1) a financial-account number that identifies the property allegedly subject to forfeiture in a forfeiture proceeding; (2) the record of an administrative or agency proceeding; (3) the official record of a state-court proceeding; (4) the record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed; (5) a filing covered by Rule 5.2(c) or (d); and (6) a pro se filing in an action brought under 28 U.S.C. §§ 2241, 2254, or 2255. (c) Limitations on Remote Access to Electronic Files; Social-Security Appeals and Immigration Cases. Unless the court orders otherwise, in an action for benefits under the Social Security Act, and in an action or proceeding relating to an order of removal, to relief from removal, or to immigration benefits or detention, access to an electronic file is authorized as follows: (1) the parties and their attorneys may have remote electronic access to any part of the case file, including the administrative record; (2) any other person may have electronic access to the full record at the courthouse, but may have remote electronic access only to: (A) the docket maintained by the court; and (B) an opinion, order, judgment, or other disposition of the court, but not any other part of the case file or the administrative record.

ATTACHMENT 9

(d) Filings Made Under Seal. The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record. (e) Protective Orders. For good cause, the court may by order in a case: (1) require redaction of additional information; or (2) limit or prohibit a nonparty's remote electronic access to a document filed with the court. (f) Option for Additional Unredacted Filing Under Seal. A person making a redacted filing may also file an unredacted copy under seal. The court must retain the unredacted copy as part of the record. (g) Option for Filing a Reference List. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information. (h) Waiver of Protection of Identifiers. A person waives the protection of Rule 5.2(a) as to the person's own information by filing it without redaction and not under seal.

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Rule 8. General Rules of Pleading (a) Claim for Relief. A pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

ATTACHMENT 10

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
HOW TO CALCULATE TIME FOR FILING DOCUMENTS*
Authority: Rule 6 and 5(b) of Federal Rules of Civil Procedure Under Rule 6(a), the first day from which the time period begins to run is never counted in the calculation, but the last day is counted, unless the last day falls on a Saturday, Sunday, or official federal holiday, in which case the period runs until the next business day. Intermediate weekends and holidays are not counted if the period of time is less than 11 days. If the period of time is more than 10 days, intermediate weekends and holidays are counted. Under Rule 5(b), when a document (other than an original complaint) is served by mail, the time period begins to run from the date the document is sent, not the date you receive it. The date the document was sent will appear on the certificate of service which is required to be sent with the document as provided in Rule 5(d). Under Rule 6(e), 3 additional calendar days are added to the period if the document is served by mail. Refer to Rule 4 for more information on when service by mail is allowed. Example 1: Plaintiff has 10 days to respond to Defendant's Motion which was hand delivered on Friday, January 25, 2002. Calculations begin on January 28th, the day after service. Since the deadline is 10 days or less weekends are not counted. The Response would be due no later than Friday, February 8, 2002. Plaintiff has 10 days to respond to Defendant's Motion which was mailed to Plaintiff. Three additional days are added to the Example 1 calculations because the motion was mailed (see Rule 5(b)). The Response by Plaintiff would be due on Monday, February 11th. Note: The weekend days were included in the three day extension since the total time period now exceeds 10 days. Defendant has 20 days to answer or otherwise respond to Plaintiff's complaint which was served on Friday, January 18, 2002. The calculation starts on Saturday, January 19. Weekends and holidays are counted since the time period exceeds 10 days. The Answer would be due no later than Thursday, February 7, 2002.

Example 2:

Example 3:

We hope that you find the above information helpful. U.S. District Court Customer Services Staff. *Court Personnel are not permitted to evaluate your case or to offer any sort of advice on how to proceed with your case. We can, however, provide you general information about court rules and procedures. The information above is intended to assist you in calculating the time for filing certain types of documents as required by court order, or by federal or local rules. We cannot perform the calculation for you, nor are we able to make a determination as to whether or not you are calculating the time correctly. ATTACHMENT 11

Effective January 1, 2009 SCHEDULE OF FEES FOR U. S. DISTRICT COURT When a check is used to pay any of the following fees, the check should be made payable to: Clerk, U.S District Court.

FILING FEE - CIVIL ACTION, SUIT, OR PROCEEDING FILING FEE - ACTIONS BROUGHT UNDER TITLE III of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, P.L. 104-114, 110 Stat.§785 (1996) (This fee is in addition to the filing fee prescribed in 28 U.S.C. 1914(a) for instituting any civil action other than a writ of habeas corpus.) FILING FEE - PETITION FOR WRIT OF HABEAS CORPUS FILING FEE - MOTION PURSUANT TO 28 U.S.C. 2255 FILING FEE - AMENDED COMPLAINT FILING FEE - ANSWER FILING FEE - JURY DEMAND FILING OR INDEXING ANY PAPER not in a case or proceeding for which a case filing fee has been paid (i.e., petition to perpetuate testimony (Rule 27(a), F.R.Civ.P.), the filing of papers by trustees (28 U.S.C. 754), the filing of letters of request, Power of Attorney- surety bonds) REGISTERING A JUDGMENT from another district (28 U.S.C. 1963) A SEARCH OF THE RECORDS OF THE DISTRICT COURT per name or item searched. This fee shall apply to services rendered on behalf of the United States if the information requested is available through electronic access. CERTIFYING any document or paper (whether the certification is made directly on the document or by separate instrument). Please note there is a copy fee also EXEMPLIFYING any document or paper Please note there is a copy fee also ATTACHMENT 12

350.00 5,431.00

5.00 NONE NONE NONE NONE 39.00

39.00

26.00

9.00

18.00

REPRODUCING ANY RECORD OR PAPER (not including certification) - per page including original documents, microfiche or microfilm reproductions of the original records. This fee shall apply to services rendered on behalf of the United States if the record or paper requested is available through electronic access. Electronic copies (printed from waiting area terminal) - per page printouts of docket or imaged documents COPIES OF OPINIONS (minimum charge $1.00 per opinion) - per page REPRODUCTION OF RECORDED PROCEEDING, ANY MEDIUM ADMISSION OF ATTORNEYS to practice (includes Certificate of Admission) for members of the Arizona State Bar only ADMISSION OF ATTORNEYS BY PRO HAC VICE DUPLICATE CERTIFICATE OF ADMISSION or CERTIFICATE OF GOOD STANDING NINTH CIRCUIT DOCKETING FEE FOR NOTICE OF APPEAL FILING FEE FOR NOTICE OF APPEAL (payable to Clerk, U. S. District Court) MICROFICHE, for each microfiche sheet or microfilm jacket copy of any court record, where available RETRIEVAL OF RECORD from a Federal Records Center, National Archives, or other storage location removed from the place of business of the court RETURNED CHECK paid into the court for lack of funds AN APPEAL to a District Judge from a judgment of conviction by a Magistrate Judge in a misdemeanor case

.50

.10 .25

26.00 180.00

50.00 15.00

450.00 + 5.00 455.00 5.00

45.00

45.00 32.00

(Rev. January 1, 2009)

(Rev. September 26, 2006) TO ANY PARTY/PERSON SEEKING LEGAL ASSISTANCE

LAWYER REFERRAL SERVICES Maricopa County Bar Association Phoenix, AZ (602) 257-4434 Pima County Bar Association Tucson, AZ (520) 623-4625

The following is a list of legal service organizations in the state of Arizona for your use. We cannot and do not guarantee that any of these agencies will provide legal services or that their services will be free of charge. This handout is provided solely for information purposes.

LEGAL SERVICES ORGANIZATIONS IN THE STATE OF ARIZONA
MARICOPA COUNTY Community Legal Services P.O. Box 21538 Phoenix, AZ 85036-1538 Phone: (602) 258-3434 Fax: (602) 254-3258 1-800-852-9075 Community Legal Services East Side Office 20 W. First St., Suite 101 Mesa, AZ 85201 Phone: (480) 833-1442 Fax: (480) 833-1746 1-800-896-3631 Advocates for the Disabled 4520 N. Central Ave., #575 Phoenix, AZ 85012 Phone: (602) 212-2600 Fax: (602) 212-2606 William E. Morris Institute for Justice 202 E. McDowell Rd., Ste. 257 Phoenix, AZ 85004 Phone: (602) 252-3432 Fax: (602) 257-8138 Arizona Senior Citizens Law Project 1818 S. 16th Ave. Phoenix, AZ 85034 Phone: (602) 252-6710 Fax: (602) 252-6694 Catholic Social Service (Immigration) 1825 West Northern Ave. Phoenix, AZ 85021-5298 Phone: (602) 997-6105 Fax: (602) 870-3891 Friendly House (Immigration) 802 S. First Ave. Phoenix, AZ 85003 Phone: (602) 257-1870 Arizona Center for Disability Law 3839 N. 3rd St., Suite 209 Phoenix, AZ 85012 Phone: (602) 274-6287 Fax: (602) 274-6779 1-800-927-2260

ATTACHMENT 13

PIMA COUNTY Arizona Center for Disability Law 100 N. Stone Ave., Suite 305 Tucson, AZ 85701 Phone: (520) 327-9547 Fax: (520) 884-0992 1-800-922-1447 Asylum Program of Southern Arizona 2221 E. Broadway, Suite 211 Tucson, AZ 85719 Phone: (520) 623-4555 Fax: (520) 623-4884 Southern Arizona Legal Aid 64 E. Broadway Tucson, AZ 85701-1720 Phone: (520) 623-9465 Fax: (520) 620-0443 1-800-234-7252 Arizona Center for Law in the Public Interest 18 E. Ochoa St. Tucson, AZ 85701 Phone: (520) 529-1798 Fax: (520) 529-2927 Southern Arizona Legal Aid - Papago Legal Services P.O. Box 298 Sells, AZ 85634 Phone: (520) 383-2420 Fax: (520) 383-2516

APACHE COUNTY White Mountain Legal Aid Rt. 4 Box 1740, Suite 15 Lakeside, AZ 85929 Phone: (928) 537-8383 Fax: (928) 537-1838 1-800-658-7958 COCHISE COUNTY Southern Arizona Legal Aid P.O. Box AL Bisbee, AZ 85603 Phone: (520) 432-1639 Fax: (520) 432-1641 1-800-231-7106 COCONINO COUNTY DNA-Coconino Legal Aid 222 E. Birch St. Flagstaff, AZ 86001 Phone: (928) 774-0653 Fax: (928) 774-9452 1-800-789-5781

GILA COUNTY Southern Arizona Legal Aid 64 E. Broadway Tucson, AZ 85701-1720 Phone: (520) 623-9465 Fax: (520) 620-0443 1-800-258-6789 GRAHAM COUNTY Southern Arizona Legal Aid P.O. Box AL Bisbee, AZ 85603 Phone: (520) 432-1639 Fax: (520) 432-1641 1-800-231-7106 GREENLEE COUNTY Southern Arizona Legal Aid P.O. Box AL Bisbee, AZ 85603 Phone: (520) 432-1639 Fax: (520) 432-1641 1-800-231-7106

LA PAZ COUNTY Community Legal Services 201 S. 1st Ave. Yuma, AZ 85364-2250 Phone: (928) 782-7511 Fax: (928) 782-0037 1-800-424-7962 MOHAVE COUNTY Community Legal Services 1720 Beverly St., Suite A Kingman, AZ 86401 Phone: (928) 681-1177 Fax: (928) 681-5998 1-800-255-9031 NAVAJO COUNTY White Mountain Legal Aid Rt. 4, Box 1740, Suite 15 Lakeside, AZ 85929 Phone: (928) 537-8383 Fax: (928) 537-1838 1-800-658-7958

PINAL COUNTY Southern Arizona Legal Aid 766 North Park Casa Grande, AZ 85222 Phone: (520) 316-8076 Fax: (520) 316-8063 1-800-718-8086 SANTA CRUZ COUNTY Southern Arizona Legal Aid 1071 N. Grand Ave., Suite 110 Nogales, AZ 85621 Phone: (520) 287-9441 Fax: (520) 287-9273 YAVAPAI COUNTY Community Legal Services 401 N. Mount Vernon Prescott, AZ 86301 Phone: (928) 445-9240 Fax: (928) 445-6312 1-800-233-5114 YUMA COUNTY Community Legal Services 201 S. 1st Ave. Yuma, AZ 85364-2250 Phone: (928) 782-7511 Fax: (928) 782-0037 1-800-424-7962

NAVAJO NATION DNA - Chinle Agency Office P.O. Box 767 Chinle, AZ 86503 Phone: (928) 674-5242 Fax: (928) 674-2410 1-800-789-7598 DNA - Fort Defiance Agency Office P.O. Box 306 Window Rock, AZ 86515 Phone: (928) 871-4151 Fax: (928) 871-5036 1-800-789-7287 1-800-789-5824 DNA - Hopi Legal Services P.O. Box 558 Keams Canyon, AZ 86034 Phone: (928) 738-2251 Fax: (928) 738-5343 1-800-789-9586 DNA - Tuba City Agency Office P.O. Box 765 Tuba City, AZ 86045 Phone: (928) 283-5265 Fax: (928) 283-5460 1-800-789-8919

WHITE MOUNTAIN APACHE TRIBE Southern Arizona Legal Aid White Mountain Apache Legal Aid 116 East Oak St. P.O. Box 1030 Whiteriver, AZ 85941 Phone: (928) 338-4845 Fax: (928) 338-1436 1-800-658-7958