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In this lesson, you will learn the plaintiff\’s and the defendant’s strategy during the complaint stage. You will also learn the parts of the complaint and what must be present to establish a case.
Plaintiff’s checklist
- Proper jurisdiction
- Proper venue
- Facts support elements of the claim
- Harm is alleged
- Proper summons and service of process
Transcript
For a plaintiff, the strategy at the complaint stage is to avoid a dismissal. For the defendant, the strategy is to get a dismissal.
To avoid a dismissal, the plaintiff must consult the rules of civil procedure to ensure that the case is filed in the proper jurisdiction and venue. That facts support elements of the claim that he alleges harm by defendant and that the defendant is properly served.
To get a dismissal, the defendant only has to show that one thing from the checklist is either missing or wasn\’t done properly.
As plaintiff, you must assure that the court you choose has jurisdiction or authority over both the defendant and the subject matter and that the complaint is filed in the or venue or location.
The plaintiff must write a story with facts that support the claim and show standing. That is Fax must show that the person suing is the person who has been harmed. The plaintiff should state the harm and the way the defendant caused the harm.
A cause of action is essentially a right to sue. The plaintiff must find the statute that gives him a cause of action, then he must determine the or ingredients required to prove the cause of action. Someone suing for negligence, for instance, has three elements to prove. A duty? A breach of duty and an injury to the plaintiff.
All the elements must be present in order to establish a prima facie case.
That is, the facts must be presented in such a way that if later proven true could result in a victory for the plaintiff.
If the plaintiff does not present a prima facie case, the defendant could get a dismissal.
Costs of action include negligence, breach of contract, slander, and so on.
The plaintiff wants something for his or her cause of action or injury. Is it money or is it custody? Is it an order for someone to cease a particular behavior? Whatever it is, the plaintiff must say it in what is called the prayer for relief.
The summons is a court order that notifies the defendant or defendants of the claim where the case is to be heard sets the time limit to answer and describes the consequences of a response.
The summons can also order the defendant to appear in court at a scheduled time.
The summons is delivered to the defendant along with the complaint. This is referred to as service of process. If the plaintiff follows all the rules for service of process and the defendant does not show up in court or does not answer the complaint. The plaintiff can get a default judgment. That is a judgment against the defendant. But if the plaintiff fails to properly serve the summons and complaint, the defendant can move for dismissal.