Part 1- Formatting and “Local Rules”
Formatting your complaint-
A) Format in a “standard” pattern. Use Roman Numerals for your Headers(Sections), use paragraph numbers(or line numbers, if you choose). An orderly complaint is much easier to read for all parties.
For Example:
I. Jurisdiction
II.Venue
III. Statement of Facts
IV. Claims
V. Relief
VI. Conclusion
(B) Incorporating references. References like citing another part of your complaint and Case Law has a common form across the Courts. When citing from your own document you can say something like “{See Para 3, supra}.. The term “supra” is from Latin language meaning “above” and is commonly used to reference text within the document you’re writing. When referencing case law, the most simple, common and proper form is to give the case caption, court and the date the reference was published. The quote you’re using from the case law may be used either before or after your reference to it as required. This can look like, “[See: Clatterbuck v. City of Charlottesville, 708 F.3d 549, 553 (4th Cir.2013). “There is likewise no question that public streets and medians qualify as “traditional public forum [s].”]”.
(C) What Case Law is most useful to your civil action? Assuming you’re in a Federal District Court, Case law from the Circuit where the District Court lies or The Supreme Court or another District Court WITHIN the State you’re filing your claim have the most bearing and influence on the District Court you’re in. There are two types of case law. One type is “Binding” case law. “Binding Case Law means that the case law within the Circuit or The Supreme Court or another District Court within the State you’re in OR a State Supreme or State Appellate Court “bind” the District Court to the case law you quote. The Court MUST follow this type case law. The other kind of Case Law is “Persuasive” precendent. Persuasive means that another Court in another State, District or Federal Court of Appeals Outside of the District Court’s Circuit or State can influence the Judge but it’s NOT binding. So they don’t have to follow that case law but may be swayed by another Court’s Opinion on the topic. When you cite these types of cases, you may state whether the case you cite is “binding” or “persuasive”.
(D) Case law that cannot or should not be used- Sometimes you’ll find case law that matches your case with the outcome or finding you’re looking for to support your civil action but it is labeled “Unpublished Opinion”. Those “unpublished opinions” are not to be used as supportive case law. A court opinion is often labeled “unpublished” when a court deems it doesn’t have significant precedential value or is not suitable for widespread citation. This practice, known as non-publication, helps courts manage their caseloads and avoid creating a vast body of legal precedents for every case. “Per curium” opinions are generally not considered precedential, meaning they don’t serve as binding legal authority for future cases. While they are issued by a court, they typically lack detailed reasoning and are often used for straightforward decisions or cases where the law is already well-established. These are not used as case law precedent either.
(E) Citing Laws and Statutes- You can properly cite Federal Laws and Statutes simply by stating the Section number then U.S.C.(for federal statutes) then designate the section by using § then the Section number and the year of the Code’s latest update if you know it. Example: 42 U.S.C. §1983(1996) The year can usually be found in the “notes” section of the Statute, When citing State Laws, Use the Name of the State, then the law or rule, then the section and subsection behind it. Example: Md Crim 10-402(a) You can add the year, if known, as in the Federal Statutes.
More tips on citing Case Law, Statutes and Rules Here;
https://guides.ll.georgetown.edu/bluebook/citing-cases
(F) Local Rules- Each District Court has it’s own “Local Rules”. Theses local rules are allowed by statute and from within the Federal Rules of Civil Procedure and are typically done for the economy of the Court. You MUST check the local rules! Not only will Local Rules lay out formatting requirements but also other rules such as required paperwork to file your civil action and more. Always read them. For our purposes here were interested in formatting and will cover more on Local Rules later in the Series. Generally, the most widely accepted way to format your civil action is in 12 or 14 pt size font using “Times New Roman” font. Double spacing is always accepted, including paragraph spacing. Also, one inch borders are universally accepted as proper. Formatting this way satisfies all the District Court requirements, but always double check as local rules change occasionally.
Part 2- Writing “Conduct” & Tips
A) Leave yourself out of it! Write in third person. Refer to yourself as the “Plaintiff” or Mr/Ms insert last name here. Write your complaint from “the outside looking in”. Be descriptive about the What/When/Where/Who and How? The Judge cannot read your mind and any facts you leave out cannot be recovered immediately. Don’t leave room for the other side to easily counter your argument or claim that it is sparse or that there’s not enough facts shown to state a claim. Write with how the other side might answer the complaint in mind. The best cases I’ve read call the Plaintiff by Mr/Ms Doe and call the Defendants, “The Defendant Officer Justin Case”, for example. It’s a psychological tip that makes the Plaintiff look human and the Defendant look guilty. But it works.
B) “Bad Facts”. Should you put facts that do NOT weigh in your favor in your complaint? Yes, because if you don’t then the other side will. And they will, absent a reference to your complaint, spin those fact their way. Your complaint is YOUR story so this is your opportunity to present those “bad facts” in a light you want to cast on them. If you yelled at a Defendant, say you did and explain why or how that defendant escalated the situation to that level. But, just use the facts, not how you “felt” at the time. Feelings count for little in a civil action. Explain to them why that is.
C) Outlining your Complaint is a helpful thing to do BEFORE you write your complaint. Outlining can be as simple as writing the facts out in your outline first, gathering in one place the case law supporting your claims and establishing “basic” requirements like Jurisdiction and Venue. Write as much as you can in your outline such that a big part of the actual writing of your complaint becomes mostly a copy/paste exercise. Write out your facts in a narrative and add, subtract, or move them around so that they’re in perfect order. Do as much editing as you can in your outline. Or, you can complicate your outline a bit by doing each of your main headers first and following the recommended order for the complaint from there. This makes copy/paste exercises a bit easier and helps to keep your complaint orderly before it’s even written.
D) Good Faith- ALWAYS act in good faith throughout your civil action. Good faith goes a long way with both a Judge and a Jury. Write your facts in good faith, don’t exaggerate the facts. “Facts are stubborn things”- John Adams, A quote often used to remind people that facts should be acknowledged and respected, even if they are inconvenient or unpleasant. Also, don’t give the appearance that you’re attacking the Defendants. When things move beyond the initial complaint/response phase, then act in good faith in discovery and so on. Good faith is it’s own reward, especially when the other side is playing games. Win that part, at least.
Best Wishes from SCARS!!