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Federal Pro Se Legal Assistance Program: Research Support

This guide is designed to support students working in BC Law's federal pro se clinic for civil cases in the U.S. District Court for the District of Massachusetts.

Overview

Procedural matters in civil cases, such as the timing and format of an opposition to a motion to dismiss, are governed by the Federal Rules of Civil Procedure. These are used in conjunction with the Local Rules for the District of Massachusetts and standing orders for the particular judge, both of which may have additional requirements. Be sure to familiarize yourself with the various layers of rules. 

Finding Court Rules

Court rules are freely available on court websites, often with reporter's notes beneath the text of the rule that help with interpretation. They're also available on Westlaw and Lexis, which include reporter's notes, citing references to helpful interpretive case law, and references to helpful secondary sources. 

Secondary Sources on Procedure

Exhausting Administrative Remedies

Be aware that some actions, such as Title VII and Massachusetts state employment discrimination claims, require that plaintiffs exhaust remedies at the agency level before filing an action in court. The idea is that the agency has special expertise to evaluate the claim, build a record, and resolve the issue without the use of judicial resources.

Only when the administrative process has been "exhausted," can a dissatisfied party move into federal or state court, depending on the claim or claims at issue. Otherwise, a federal court case can be dismissed for failure to exhaust administrative remedies.