Free Legal Guide — Updated 2026

How to Represent
Yourself in Court.

A complete, citation-backed guide to pro se litigation in federal and state court. Eight steps, real case law, and free document templates for every stage of your case.

28 U.S.C. § 1654

Your right to self-represent

Since 1789

Pro se has been federal law

8 Steps

From complaint to verdict

100% Free

This guide costs nothing

Before You File in Court — Read This

Most cases start with an agency complaint, not a lawsuit.

File an agency complaint first

Many federal claims (EEOC, CFPB, HUD) require exhausting administrative remedies before you can sue. Skipping this step bars your lawsuit.

Get a Right to Sue letter

For EEOC claims, you need a Right to Sue letter before filing in federal court. You can request it after 180 days, or immediately if the EEOC closes your charge.

File within the statute of limitations

FDCPA: 1 year. FCRA: 2 years. Title VII: 90 days after Right to Sue. Missing the deadline permanently bars your claim.

Document everything

Keep every letter, email, recording, and receipt. Courts decide cases on evidence. If you didn't document it, it didn't happen.

The 8-Step Pro Se Playbook.

01

Understand What "Pro Se" Means

"Pro se" is Latin for "for oneself." It means you represent yourself in court without an attorney. Federal courts and every state court system allow it — the right is grounded in 28 U.S.C. § 1654, which has been federal law since 1789. Courts are required to hold pro se filings to a less stringent standard than those drafted by attorneys.

Haines v. Kerner, 404 U.S. 519 (1972) — pro se complaints held to less stringent standards; Erickson v. Pardus, 551 U.S. 89 (2007) — reaffirmed

02

Identify the Right Court

Federal courts handle federal law claims (civil rights, FDCPA, FCRA, ERISA, immigration). State courts handle most family law, landlord-tenant, small claims, and contract disputes. Filing in the wrong court gets your case dismissed. Federal district courts require a filing fee ($405 as of 2024) but you can apply for a fee waiver (IFP — In Forma Pauperis) under 28 U.S.C. § 1915 if you cannot afford it.

28 U.S.C. § 1331 (federal question jurisdiction); 28 U.S.C. § 1332 (diversity jurisdiction); 28 U.S.C. § 1915 (IFP waiver)

03

Draft Your Complaint or Motion

Every federal complaint must contain: (1) a short and plain statement of jurisdiction, (2) a short and plain statement of the claim showing you are entitled to relief, and (3) a demand for the relief you seek. Under the Twombly/Iqbal standard, your complaint must plead enough facts to state a plausible claim — not just a possible one. Use iamPRO-SE to generate a properly structured complaint with verified statute citations pre-filled.

Fed. R. Civ. P. 8(a); Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007); Ashcroft v. Iqbal, 556 U.S. 662 (2009)

04

Serve the Defendant Properly

Filing your complaint is not enough — you must serve the defendant. For federal cases, you have 90 days from filing to serve. Service on an individual requires delivering a copy of the summons and complaint personally, or leaving it at their usual place of abode with someone of suitable age. Service on a corporation requires delivery to an officer, managing agent, or registered agent. Improper service = case dismissed.

Fed. R. Civ. P. 4(c), 4(e), 4(h), 4(m); Henderson v. United States, 517 U.S. 654 (1996)

05

Respond to Motions to Dismiss

Defendants almost always file a Motion to Dismiss under Rule 12(b)(6) — arguing your complaint fails to state a claim. You have 21 days to respond (or whatever the court's local rules say). Your response must argue why your complaint meets the Twombly/Iqbal standard. You can also amend your complaint once as a matter of right before the defendant answers. Use this strategically to add facts that defeat the motion.

Fed. R. Civ. P. 12(b)(6), 15(a)(1); Twombly, 550 U.S. 544; Iqbal, 556 U.S. 662

06

Conduct Discovery

Discovery is how you get evidence. You can send Interrogatories (written questions), Requests for Production (documents), and Requests for Admission. The other side must respond within 30 days. If they refuse, you file a Motion to Compel under Rule 37. Courts take discovery obstruction seriously — sanctions including default judgment are possible for willful non-compliance.

Fed. R. Civ. P. 26–37; Societe Internationale v. Rogers, 357 U.S. 197 (1958); National Hockey League v. Metropolitan Hockey Club, 427 U.S. 639 (1976)

07

File Motions for Summary Judgment

If there are no genuine disputes of material fact, you can win without a trial by filing a Motion for Summary Judgment. You must show that the undisputed facts entitle you to judgment as a matter of law. The opposing party must then show specific facts creating a genuine dispute — they cannot just deny your facts. This is often the most powerful tool in a pro se case.

Fed. R. Civ. P. 56; Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, 477 U.S. 242 (1986)

08

Prepare for Trial

If your case survives to trial, you must file a pretrial memorandum listing your witnesses, exhibits, and legal theories. You have the right to a jury trial in most civil cases involving money damages. You can subpoena witnesses and documents. At trial, you present your opening statement, examine witnesses, introduce exhibits, and make a closing argument. The Federal Rules of Evidence govern what can be admitted.

Fed. R. Civ. P. 38 (jury trial right); 7th Amendment; Fed. R. Evid. 401–403; Beacon Theatres v. Westover, 359 U.S. 500 (1959)

Every Document You Need

Stop reading. Start filing.

iamPRO-SE generates every document in this guide — complaints, motions, demand letters, agency filings — pre-filled with verified statute citations and controlling case law. You provide your name and address. We handle the rest.

Agency Complaints

CFPB, EEOC, HUD, HHS OCR, OCC, FDIC — all pre-addressed

Court Motions

Motions to dismiss, summary judgment, compel discovery

Demand Letters

FDCPA cease-and-desist, IRS CDP hearing requests, and more

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