How to start a CIVIL CASE

By capeside

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How to file a Civil Court Case

Instructions

Difficulty: Easy

Things You’ll Need:

  • Facts, names, dates,...

Step1
A civil case usually starts when a complaint or petition is filed. The first thing you will need to do is figure out in which court department and division you should file your case. A case is usually filed in the court closest to where one or both parties live or have their businesses. Other factors that may affect where you should file your case might be the type of case you have or where the event in dispute took place.
Step2
Your state Rules of Civil Procedure,and other applicable case law and statutes will help you determine where and how to start your case. The laws and rules that apply in this area can be complex. It is your responsibility to know the rules and law that apply to your case. If you have specific questions about how to file a claim, your local court might be able to assist you.
Step3
In some cases, you can get a complaint or petition form from the court or from the Trial Court's website. In other cases, there is no form and you will need to write the complaint or petition yourself. After you complete the complaint or petition, the rules will specify how to properly file your claim at the courthouse.

If a party files a case that the court determines was filed for the sole purpose of making someone angry or to harass them and the case has no sound legal basis, the court can make that party pay for the other party's lawyer's fees plus any costs that might apply and may even make that party pay costs for wasting the court's time.

Tips & Warnings

  • Be precise

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eHow Article:  How to start a CIVIL CASE

eHow Member: capeside

capeside

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Category: Legal

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