Filing a complaint is the first step in initiating a civil lawsuit in federal court. This document outlines the plaintiff’s claims, details the damages or injuries, and requests specific relief from the court.
How do you file a complaint?
The first step in starting a civil lawsuit in federal court is to file a complaint. The plaintiff’s lawyer prepares this document, files it with the court, and sends it to the defendant. The main goal? To spell out the damages or injury, show how the defendant messed up, prove the court has the right to hear the case, and ask for some kind of fix (US Courts).
Here’s what a complaint does:
- Names the Players: It lists everyone involved in the lawsuit.
- States the Beef: It explains why the plaintiff is dragging the defendant to court.
- Asks for Help: It tells the court what the plaintiff wants, like money or some other remedy.
Essential Elements
A well-prepared complaint includes several important sections, each serving a specific purpose in the legal process:
- Caption: Identifies the court, the parties involved, and the case number.
- Jurisdiction: Clarifies why this court is appropriate for the case.
- Statement of Facts: Describes the events that led to the plaintiff’s injury or issue.
- Causes of Action: Lists the legal reasons the defendant is being held accountable.
- Demand for Relief: Specifies what the plaintiff is seeking from the court, such as monetary compensation or an injunction.
- Signature Block: Contains the signature of the plaintiff’s lawyer, indicating they filed the complaint.
| Part | What It Does |
|---|---|
| Caption | Names the court, parties, and case number |
| Jurisdiction | Explains why the court can hear the case |
| Statement of Facts | Tells the story and details the harm |
| Causes of Action | Lists the legal reasons for the lawsuit |
| Demand for Relief | States what the plaintiff wants from the court |
| Signature Block | Attorney’s signature |
Knowing these steps can help you handle a lawsuit better. For more on lawsuits and legal terms, check out our articles on what is the definition of a lawsuit? and what is the difference between a settlement and a lawsuit?.
Getting Through Lawsuits
Lawsuits can be a maze, but knowing the basics can help you find your way. Here’s a simple guide to filing a lawsuit and what happens next.
Starting a Lawsuit
Kicking off a lawsuit starts with filing a complaint. This is the document that gets the ball rolling in a civil case. The complaint is handed to the court and a copy goes to the person you’re suing. It usually includes:
- What happened and how you were hurt.
- Why you think the other person is to blame.
- Why the court has the right to hear the case.
- What you want the court to do about it.
You’ll also need to pay a filing fee. If you can’t afford it, you can ask the court to waive the fee by filing a request to proceed in forma pauperis. Want to see a complaint in action? Check out our article on what is a lawsuit example?.
What Happens Next
Once the lawsuit is filed, it goes through several steps before it’s resolved.
Discovery
Discovery is when both sides share information to get ready for trial. This part includes:
- Listing witnesses.
- Swapping important documents.
- Taking depositions, where witnesses answer questions under oath before the trial (US Courts).
Pre-Trial Motions
Before the trial, both sides can file motions to sort out issues. Common ones are:
-
Dismissal motion: Request to have the case thrown out by the court.
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An application for summary judgment: A request that the court rule on the evidence without a trial.
ADR
Mediators or arbitrators are often suggested by judges as a way of settling disputes quickly and cheaply (US Courts).
Trial
If no agreement is reached, the case goes to trial. Trials can be in front of a judge or a jury. Both sides present evidence and call witnesses to back up their claims.
| Legal Step | What It Is |
|---|---|
| Discovery | Sharing info, documents, and witness lists. |
| Pre-Trial Motions | Requests to resolve issues before trial. |
| ADR | Mediation or arbitration to settle without trial. |
| Trial | Presenting evidence and witnesses to a judge or jury. |
Curious about who gets the ball rolling on a lawsuit? Check out our page on who files a lawsuit?.