Court Rules & Procedures

An overview of how federal and state courts are structured, how to file documents, and what to expect from court proceedings.

Federal Court System Structure

The federal court system has three main levels. Understanding which court handles your case is essential for filing correctly and meeting the right deadlines.

U.S. District Courts (Trial Level)

There are 94 federal judicial districts across the United States. District courts are where federal cases are tried for the first time. Each state has at least one district court, and larger states may have up to four. These courts handle federal criminal prosecutions, civil lawsuits involving federal questions or diversity of citizenship, bankruptcy proceedings, and habeas corpus petitions.

U.S. Circuit Courts of Appeals

The 13 Circuit Courts of Appeals review decisions from the district courts within their geographic region. Twelve circuits cover specific regions of the country, and the Federal Circuit handles specialized cases such as patent law and international trade. Appeals are typically heard by a panel of three judges.

U.S. Supreme Court

The Supreme Court is the highest court in the federal system. It hears a small number of cases each year, typically those involving significant constitutional questions or conflicts between circuit courts. Review is discretionary through a petition for a writ of certiorari.

State Court System Structure

Each state has its own court system with its own rules and procedures. While structures vary, most follow a similar three-tier model.

Trial Courts

State trial courts are courts of general jurisdiction where cases are heard for the first time. Depending on the state, these may be called Superior Courts, Circuit Courts, District Courts, or Courts of Common Pleas. Many states also have specialized courts for family law, probate, small claims, and traffic matters.

Intermediate Appellate Courts

Most states have an intermediate appellate court that reviews decisions from trial courts. These courts examine the trial record for legal errors and issue written opinions. In states without an intermediate court, appeals go directly to the state supreme court.

State Supreme Court

The state supreme court is the highest court in each state's system. It has the final say on matters of state law. In some states, this court is called the Court of Appeals (such as in New York) or the Supreme Judicial Court (as in Massachusetts).

Filing Requirements and Procedures

Every court has specific rules governing how documents must be prepared and submitted. Failing to follow these rules can result in your filing being rejected or your case being dismissed.

• Caption and formatting: Court filings must include a caption identifying the court, case number, parties, and document title. Most courts require specific font sizes, margins, and line spacing.
• Copies: Many courts require the original filing plus a specific number of copies. Check your court's local rules for exact requirements.
• Certificates: Filings often require a certificate of service (proving you sent copies to all parties) and sometimes a certificate of compliance (confirming page or word limits).
• Signatures: All court filings must be signed by the filing party or their attorney. Electronic signatures are accepted in courts that use e-filing systems.

Service of Process

Service of process is the legal method of delivering court documents to the opposing party. Proper service is required to give the court jurisdiction over the other party and to satisfy constitutional due process requirements.

• Personal service: Physically handing documents to the individual being served
• Substituted service: Leaving documents with a responsible adult at the person's home or workplace
• Service by mail: Sending documents by certified or registered mail with return receipt requested
• Service by publication: Publishing a notice in a newspaper when the other party cannot be located, allowed only with court permission

Court Fees and Fee Waivers

Courts charge fees for filing most documents. These fees vary by court and case type. Common fees include:

• Civil complaint filing: $350 to $450 in federal court; varies by state
• Appeal filing: $505 in federal circuit courts
• Motion fees: Some courts charge separately for certain motions

In Forma Pauperis (IFP) Status

If you cannot afford court fees, you can apply to proceed in forma pauperis, which means "in the manner of a pauper." To qualify, you must file an affidavit or declaration detailing your income, assets, expenses, and debts. The court will review your financial situation and decide whether to waive fees. IFP status may also waive transcript costs and provide free copies of court documents.

Pro Se Representation

The term "pro se" means "for oneself." You have a constitutional right to represent yourself in court without an attorney. However, courts hold pro se litigants to the same rules and deadlines as attorneys, so thorough preparation is essential.

• Pro se filings receive some leniency in interpretation, meaning courts will read them generously, but you must still follow procedural rules.
• Judges cannot give you legal advice or help you argue your case, even if you are representing yourself.
• Many courts offer self-help centers with forms, instructions, and informational workshops for pro se litigants.
• Consider consulting an attorney for limited-scope representation, where they help with specific tasks like reviewing your brief without handling the entire case.

Electronic Filing: PACER and CM/ECF

PACER (Public Access to Court Electronic Records)

PACER is the federal system for accessing court records online. You can view case dockets, filed documents, and court opinions. PACER charges $0.10 per page, with a cap of $3.00 per document. Users who incur less than $30 in fees per quarter are not charged.

CM/ECF (Case Management / Electronic Case Files)

CM/ECF is the federal court system for filing documents electronically. Most federal courts require attorneys to file through CM/ECF. Pro se litigants may request permission to file electronically, though many courts still accept paper filings from self-represented parties.

Many state courts have adopted their own electronic filing systems. Check with your specific court to determine whether e-filing is available or required.