How to File a Lawsuit

You should retain a lawyer for any lawsuit you wish to file, especially if your lawsuit is complicated or valuable. If you have decided against retaining a lawyer, here are some general suggestions for figuring out how to file your lawsuit. It is very important that you understand that these are general suggestions and not specific to any specific court. You must refer to the rules that pertain to your jurisdiction for specific instructions on deadlines, pleading requirements and practicing pro se (without a lawyer).

Instructions

Difficulty: Challenging

Things You’ll Need:

• Copier or access to a copier
• Filing fee
• Computer or word processor
• Rules of Civil Procedure

1. Hire a lawyer. If you are strongly opposed to hiring a lawyer, talk to a lawyer or a law student. You can often go to a lawyer for a free consultation to find out if you have a claim. Law schools also have programs where law students assist those without counsel. Contact local law schools to find out if you can participate in such a program.
2. Read your jurisdiction’s Rules of Civil Procedure and local rules. You can find numerous jurisdictions’ Rules of Civil Procedure on the Internet. You can also locate your local Rules of Civil Procedure at your local law school’s law library and at your local courthouse.
3. Review the instructions in the Rules of Civil Procedure on what you must do to begin your lawsuit. Some jurisdictions require a complaint to begin a lawsuit, others do not. You must look at your Rules of Civil Procedure to find out what your jurisdiction requires.
4. File with the court once you have prepared your complaint or original pleading. You will probably have to pay to file the document. In some jurisdictions, the filing fee for filing a complaint can be hundreds of dollars.
5. Serve the document to the person or entity you are suing after filing your complaint or original pleading with the court. The Rules of Civil Procedure will instruct you on how to serve your document.
6. Actively prosecute your claim once you have successfully filed and served your complaint or original pleading, otherwise the court may dismiss it for lack of prosecution. You will find instructions on how to proceed with your claim in the Rules of Civil Procedure.

Tips & Warnings

• Filing a lawsuit can be complicated and expensive. A lawyer will help navigate the maze of litigation. Misreading or misunderstanding a rule or a deadline could result in losing your right to pursue your claim. Even if you are able to file your lawsuit properly, you may want to consider hiring a lawyer to prosecute your claim.
• Lawsuits are expensive and time-consuming. Make sure you have enough free time and resources to devote to reading the Rules of Civil Procedure and preparing your documents before embarking on this adventure alone.
• This article is not legal advice. This article is for educational and entertainment purposes only. Should you have any specific questions or concerns, contact a lawyer in your area.