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In this lesson, you will learn how to start a lawsuit, timing, best practices, and weigh all your options as the party making the decision to start the lawsuit.
Things to know about starting a lawsuit
- Overview of the Complaint stage
- When to file a complaint
- Purpose of the complaint
- Commencing litigation
- Initial court filings
Transcript
The complaint stage starts when someone is harmed or injured and the injured party or plaintiff files a complaint against the party that caused them harm. At this stage, writing the complaint and summons, serving the summons and avoiding dismissal will be challenges for you. That\’s why your best friend is the rules of civil procedure for your jurisdiction.
When should you file a complaint? Consider the statute of limitations. It tells you the amount of time you have to file. You should also consider the potential for harm and delaying or rushing a lawsuit. And as a pro se litigant, you should also be mindful of the amount of time takes to do research in preparation for filing.
The complaint is typically the first document filed in litigation. Courtroom5 clerks have complaint forms you can complete, but writing your own gives you more power and flexibility.
The complaint lists events giving rise to the cause of action establishes the legal and jurisdictional basis for the litigation, notifies defendants of the claim and lays the groundwork for a settlement.
Before filing a complaint, think two steps ahead. Determine what you\’ll do if the defendant doesn\’t respond and what you\’ll do if he does. It\’s also important to file within the deadline and understand the elements or things you need in order to prove your claim.
With the complaint, you should include the summons, a statement about service of process and exhibits.