First Document Filed in a Lawsuit

A complaint or petition is the first document often to be filed in a lawsuit.

While nobody ever desires an experience requiring a court of law to get involved, unfortunately circumstances may occur that compel you to file a lawsuit. The paper legalities at the beginning of a lawsuit are usually called "pleadings." Your attorney will customarily begin the pleadings process by having you fill out a complaint/petition -- the first step in filing.

The Basics

A complaint or petition is usually the first piece of documentation that will be filed in a lawsuit the plaintiff has initiated. This is simply an outline that details the case against the defendant. It is important that the petition notes all involved parties by name, and also defines the exact reason why the plaintiff feels it is necessary to involve a court judgment. It must also state the legal claims of the plaintiff and the facts behind the claim.

Judgment or Relief

The complaint or petition will also usually require a section known as the demand for judgment or prayer for relief. This is where the plaintiff will define what they are requesting the court to enforce -- whether it is paying damages, returning an item or delivering a service.

Purpose and Wording

The purpose of the complaint or petition is to alert the defendant with adequate notice of the pending suit, and the reasoning behind it. Since this is both a legally binding document and a notice that must be understandable to the defendant, the complaint should contain short and concise statements. The bulk of the verbiage must contain the plaintiff's own first-hand knowledge. If some information is second- or third-hand, then it is prefaced by the phrase "upon information and belief." This is normally taken with a grain of salt in most courts of law, and the majority of the suit will be decided by first-hand statements and experiences.

Creating the Complaint/Petition

It is easiest to file your first legal documents, including the petition or complaint with the assistance of a lawyer. Even if you choose to represent yourself, you can usually complete a reasonably priced consultation with an attorney to get you started. A law student may also be helpful if you're on a tight budget. Finally, the paperwork can be located online if you wish to go it alone. However, the advice and counsel of an attorney is worth it, as things will be processed correctly and give you a significant advantage at the start of the suit.

References

• Find Law: Starting a Lawsuit: Initial Court Papers