No, Clerk’s Office personnel may not give legal advice.  The Clerk’s Office will not be able to advise you on such things as:

• Explaining the meaning of rules

• Answering questions as to whether this is the proper Court in which to file your complaint

• Commenting on your case or recommending how you should proceed

• Predicting a decision a judge might make

• Answering questions as to how long you have to file a complaint in this Court

The Clerk’s Office may assist with some general information about how the court works. They can:

• Explain general terminology, court rules, and procedures

• Provide you with general information about your case

• Provide or refer you to court forms

For help with these processes, call the Clerk’s Office at 314-244-7900.

The case is started by filing a complaint. You should refer to the Federal Rules of Civil Procedure and this Court’s Local Rules for information about the proper form of your complaint. The Court requires a civil cover sheet (available from the Clerk’s Office) and a complaint that includes an original signature and your address. You must also either pay the $405 filing fee or request the Court to allow you to file the case without paying the filing fee.

There are two main types of federal civil actions - diversity cases and federal question cases. In diversity cases, the person suing cannot live in the same state as any person being sued and the amount in controversy must be greater than $75,000. Federal question cases are lawsuits that involve an alleged violation of federal statutes or the U.S. Constitution. Federal question cases do not require that the parties live in different states. Additionally, any case against the United States can be filed in federal court. While federal District Courts can hear both civil disputes and criminal cases, only the government may bring criminal cases to federal court and private citizens may not file criminal cases.

Yes, filing a case on your own behalf without an attorney is referred to as filing Pro Se or proceeding as a Self-Represented Litigant. You should be aware that if you represent yourself, you will be required to follow the same rules as an attorney. Note that a civil action is the only type of case you can start in federal court and is different from a criminal action.

There is no right to appointment of counsel in civil cases.  You can, however, ask the Court to appoint counsel by filing a motion for appointment of counsel (form motions are available from the Clerk’s Office).  If you file a motion for appointment of counsel, you must still proceed with your case while you wait for the Court to make its decision on your motion.

The Legal Advice Clinic (LAC) is a free clinic designed to help individuals without an attorney get answers to legal questions about filing a civil case in federal court and help with completing the filing forms. The LAC provides a self-represented litigant with the opportunity to meet virtually with a volunteer private attorney for a free 30-minute consultation. The LAC is provided by the St. Louis Bar Foundation with support from the Bar Association of Metropolitan St. Louis (BAMSL).

Free 30-minute virtual sessions (Zoom platform) can be scheduled online in advance at www.bamsl.org/federalcourt or by phone at 1-855-978-7070.

You may also contact the Legal Services of Eastern Missouri (314-534-4200) or Gateway Legal Services (314-534-0404).

To seek the Court’s permission to proceed in Court without paying the filing fee, you must file a fully-completed Application to Proceed in District Court Without Prepaying Fees or Costs MOED-0046. This form is available on the website and from the Clerk’s Office.

No, you must pay the full filing fee or file an Application to Proceed in District Court Without Prepaying Fees or Costs MOED-0046.

No. Eligibility for proceeding without prepaying fees or costs will be decided only when a Judge rules on your application.

Yes, for example, you may have to pay someone to deliver your complaint. Also, there may be costs for getting documents and information from witnesses and the defendant(s). Finally, the losing party may have to pay for some of the winning party’s expenses.

You cannot file a criminal case against anyone. The United States Attorney’s Office is responsible for filing federal criminal cases. Allegations of criminal behavior should be brought to the attention of the local police, the Federal Bureau of Investigation, or other appropriate law enforcement agencies.

The process of getting facts and information is called discovery. Parties often need to gather documents such as medical records, employment records, or business records. Information can be obtained in the form of written questions, written document requests, or oral questions. Discovery can begin only after the parties have met and conferred. Federal Rule of Civil Procedure 26 controls discovery and you should refer to this rule for the methods you can use to obtain facts and information.

You can find legal materials at local law and public libraries. Also, the United States Court of Appeals for the Eighth Circuit maintains a law library in the Eagleton Courthouse on the twenty-second floor. This library is open to the public.  Please check with the library for its policies regarding public use. You can also find links to the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, and Federal Rules of Evidence on this Court’s website.

If you pay the filing fee, you will need to have a copy of the complaint delivered to each person you have named as a defendant(s). The way in which a copy of the complaint is delivered to the defendant(s) is called “service.” The Clerk’s Office can assist you with this procedure. If you did not pay the filing fee, the Court will review your Application to Proceed in District Court Without Prepaying Fees or Costs and decide if you can proceed without prepaying the filing fee. The Court will also review your complaint to determine whether a copy of the complaint should be delivered to the defendant(s). If the Court decides that you do not have to pay the filing fee and determines that the complaint should be delivered to the defendant(s), the Clerk’s Office will have a copy of your complaint delivered to the defendant(s).

The Court will notify you in a written order that your application has been denied and you may be given additional time to pay the filing fee.

To change (or “amend” as stated in legal settings) your complaint, please refer to Rule 15  of the Federal  Rules of Civil Procedure regarding when you can file an amended complaint. You may not amend your complaint by filing separate or supplemental documents. All the claims you wish to bring must be included in one single complaint form. When you file an amended complaint, it completely replaces the complaint(s) you filed previously, so it must include all of the claims you wish to bring.

Copies of specific rules can be provided by the Clerk’s Office. A full copy of all the Court’s Local Rules can be obtained from this Court’s website, www.moed.uscourts.gov/local-rules.

Each document that you file with the Court must contain your signature and a certificate of service. The forms are available online on the Court’s website. A certificate of service indicates to the Court that you have delivered a copy of the document to the other parties. The certificate of service states the name and address of the attorney or party served with the document, the manner of service, and the date of service.

No, if the Court previously granted your motion to proceed IFP, you only have to file a notice of appeal.

A Magistrate Judge is a judicial officer who is appointed by the Court for an 8-year, renewable term and has most, but not all, of the powers of a district judge. In civil cases, a Magistrate Judge may preside over a civil case from start to finish, including conducting a trial, if the parties consent to their jurisdiction. In criminal proceedings, Magistrate Judges may issue search warrants, arrest warrants, and summonses, accept criminal complaints, conduct initial appearance proceedings and detention hearings, and conduct evidentiary hearings on motions to suppress evidence.

The defendant(s) has twenty-one (21) days to respond if the plaintiff delivers the complaint with a notice that a lawsuit has been filed. This notice is called a summons. If the defendant(s) agrees that the complaint can be delivered without a summons, then he/she has sixty (60) days from the date of mailing to respond.

If you are dissatisfied with the Court’s decision to dismiss your case, you may appeal your case to the United States Court of Appeals for the Eighth Circuit. You must file your notice of appeal in the District Court Clerk’s Office. The filing fee for a notice of appeal is $605 and is paid to the Clerk of the District Court.

On the Court’s website at www.moed.uscourts.gov or by contacting the Clerk’s Office at 314-244-7900.