Legal Question in Civil Rights Law in Florida
civil action procedures
I have filed civil action in U.S. distict court against Dep't of Interior for not allowing my discrimination claims. I also petitioned court to appoint counsel as stated in EEOC decision. Motion not acted upon as yet. Do I need to notify gov't agency of the action or will the Court be required to do so since it is against a federal agency?
2 Answers from Attorneys
Re: civil action procedures
You need to call the Clerk of the court where your suit is filed and find out how to get a summons issued and served. There are time limits so do this immediately. Also, even though every EEOC decision states that you may petition for the Court to appoint counsel, I have never heard of a Court doing so, therefore, don't expect to have counsel appointed. Most likely you will be representing yourself pro se unless you can find an attorney to take your case.
Re: civil action procedures
If you haven't effected service of process or asked the court to do so, that's probably why nothing has been done.
The penalty for not serving the other side is that the case will be dismissed, so I strongly suggest consulting an attorney to figure out what is going on with the case (and whether you've stated your claim appropriately).
It's never enough to file a case and sit back and wait for something to happen,--it's totally different from the EEOC.
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