My question involves court procedures for the state of: California, federal jurisdiction.
Background: I was beaten by a law enforcement officer. I had been totally polite and cooperative. The County rejected my claim, so I am suing in federal court. I tried to find an attorney, but couldn't, so I am going about this Pro Se.
I thought I had 90 days to send the defendant the waiver of service of summons. I was trying to figure out how to fill it out, because it is not clear if I am supposed to fill out each form or if I should leave each form blank for the defendant to fill out. About 45 days after I filed the complaint at the federal court, I received mail from the defendant's attorney claiming that the case should be dismissed because I haven't sent the waiver of summons. They also claimed that I had erroneously named the County Sheriffs Department as the defendants instead of the County.
Do I still need to send in the waiver? Obviously they got notice of the lawsuit against them. Will the case be dismissed because of this. Was I mistaken that I had 90 days to send the waiver?
Thank you so much. I have so many questions, and I know that there is a lot to federal lawsuits, but doing this Pro Se seems like the only / most time efficient option at this point, and I've decided that if that's the only way I can do this, then I'm going to do it. I am open to alternative suggestions, but again, if those don't work out, I am going to try my best going Pro Se. I just want to be able to ask specific questions, and I promise to do as much research as I can before asking for help and to minimize the amount of help I ask others for and maximize the amount of work I do myself.
Thanks so much.