Commencing an Action

Return to Top (a) Pursuant to Federal Rule of Civil Procedure 3, a civil action is commenced by filing a complaint. In any civil case in this Court, the complaint is deemed filed the day the clerk receives it together with payment of the required filing fee. If the filing fee is paid on a later day, the complaint will be deemed filed the day the complaint was received by the Clerk if the presiding judge in the case determines that the late payment of the filing fee was due to good cause. (b) In the event that a civil complaint is submitted together with an application to proceed without the payment of the required filing fee, the complaint is deemed filed on the day it was received if (a) the application is granted or (b) the application is denied and the filing fee is thereafter paid within a reasonable time.

(c) In the event a fee is erroneously paid by way of credit card through the Court’s electronic filing system, no refund may be made except upon the order of the presiding judge in the case. In the event that a user of the system has made repeated mistakes or good cause otherwise exists, the judge may decline to order a refund.