The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention. Just as paper pleadings must bear the attorney’s or pro se litigant’s signature (not an assistant, agent, etc.), electronically filed documents are presumed signed by the e-filer.
Generally exhibits may be e-filed as attachments to the documents they support or as separate docket entries. Exhibits may be included in the same PDF document as the complaint or other primary document, or may be filed separately if the file would exceed 50 MB.
Attorney Readmission Application. Application for CJA Panel / Mentorship Program. Plan for Pro Bono Counsel for Qualified Unrepresented Parties in Civil Cases. Application Form for Federal Civil Pro Bono Panel Volunteer Attorney. Waiver of Arraignment Guidance. Transcript Redaction Policy. Complaint of Judicial Misconduct or Disability.
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
Common types of exhibits associated with motions are declarations attaching evidence and proposed orders. The civil cover sheet is usually filed as an exhibit to the complaint.
The attachment feature in ECF allows you to upload exhibits or other necessary documents as additional and separate PDF files to your filing. When uploading an attachment, give the attachment a description using the category drop down menu or the description free text box. They can use used separately or together.
Rule 8. General Rules of Pleading. Primary tabs. (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 ...
A party that intends in good faith to deny all the allegations of a pleading—including the jurisdictional grounds— may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided. (c) Affirmative Defenses. (1) In General.
In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: • accord and satisfaction; • arbitration and award; • assumption of risk; • contributory negligence; • duress; • estoppel;
The language of Rule 8 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
§ 524 (a) (1) and (2) a discharge voids a judgment to the extent that it determines a personal liability of the debtor with respect to a discharged debt. The discharge also operates as an injunction against commencement or continuation of an action to collect, recover, or offset a discharged debt.
Chapter 7: Often called the liquidation chapter, chapter 7 is used by individuals, partnerships, or corporations who are unable to repair their financial situation. In chapter 7 asset cases, the debtor's estate is liquidated under the rules of the bankruptcy code. Liquidation is the process through which the debtor's non-exempt property is sold ...
Generally, the plan must provide for payments over three years unless the court approves a longer period "for cause.". Chapter 13: An individual with a regular income who is overcome by debts, but believes such debt can be repaid within a reasonable period of time, may file under chapter 13 of the bankruptcy code.
Liquidation is the process through which the debtor's non-exempt property is sold for cash by a trustee and the proceeds are distributed to creditors. Chapter 11: Often called the reorganization chapter, chapter 11 allows corporations, partnerships, and some individuals to reorganize, without having to liquidate all assets. ...
In filing a chapter 11, the debtor presents a plan to creditors which, if accepted by the creditors and approved by the court, will allow the debtor to reorganize personal, financial or business affairs and again become a financially productive individual or business.
Personal Financial Management is a course a debtor takes from an agency authorized by the United States Trustee afterfiling a bankruptcy case. Only chapter 7 and 13 individual debtors are required to take a personal financial management course. After completion of the course a debtor must file Official Form B 423.
Chapter 12: Chapter 12 is designed for "family farmers" or "family fishermen" with "regular annual income.". It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts.
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The United States District Court for the Eastern District of North Carolina ("the District") covers the forty-four counties shown on this map. The District is divided into four divisions – Eastern, Western, Northern, and Southern. Court is held in six cities in the District: Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, and Wilmington.
Civil Complaint or State Court Removal $402.00—includes a $52.00 administrative fee (The administrative fee does not apply to persons granted IFP status under 28 U.S.C. § 1915 or for applications for a writ of habeas corpus)
Every page of a pleading or other document (not including attachments or exhibits) must bear a footer with a brief description of the pleading or document and consecutive numbering at the bottom of the page.
Stapled or Fastened. Pleadings and other documents that are less than one inch thick must be stapled in the upper left-hand corner. Larger documents must be fastened with some other permanent fastening device. Rubber bands or large clips do not qualify as "permanent fastening devices" for purposes of this rule.
The clerk is directed to return without filing, and without action, all documents and papers presented for filing that do not comply with the requirements of LR 10-2 (b). The offering party will be directed to re-submit the document (s) to comply with the local rule.
Insert counsel information (name, bar number, e-mail address, law firm, street address, phone number, and party represented) in the upper left corner on the first page, starting one inch from the top of the page.
Starting at the center of the page, left justify the case number on the same line as the first named plaintiff. The case number will be assigned by the Clerk's Office at the time the initial filing is made, and must appear on all subsequent filings. The case number must include the division code as described in LR 3-2.
Although the majority of individuals, also known as "litigants" or "parties," appearing before this court are represented by attorneys, a small percentage appears pro se. Litigants or parties representing themselves in court without the assistance of an attorney are known as pro se litigants. " Pro se " is Latin for "in one’s own behalf.".
The pro se information on the Court’s website is specifically for individuals who are representing themselves in the Northern District of Florida without the assistance of an attorney. It is intended as an informative and practical resource for pro se litigants, and is not a substitute for legal advice from an experienced attorney. The information is procedural in nature and should be read in conjunction with the Federal Rules of Civil Procedure and the local rules of this Court. In addition, the links to other websites are for information purposes only, and the United States District Court for the Northern District of Florida is not responsible for the accuracy of the information contained on other websites.