Starting a Lawsuit
When parties have claims against others, and they have been unable to resolve their dispute on their own, they may wish to file a lawsuit to settle the matter. Starting a lawsuit can be a complicated process because parties need to follow a number of rules in order to successfully initiate litigation. In any event, parties should understand a few critical steps that need to be taken in order to successfully file a lawsuit.
Drafting the Complaint
One of the first steps to starting a lawsuit is drafting the complaint. A complaint is a legal document that discusses all of the facts related to a plaintiff’s causes of action and why they are entitled to relief. A complaint usually includes separate sections that discuss how the plaintiff is entitled to relief under various theories of recovery. Moreover, the complaint may also include a jury trial demand, a designation of trial counsel, discovery requests, and other content. The form and substance of a complaint varies greatly from jurisdiction to jurisdiction, so it is important to speak with an experience litigation attorney to ensure that a compliant is successfully drafted.
Filing the Complaint
After the complaint is finished and signed, the next step to starting a lawsuit is filing the complaint. In many jurisdictions complaints and other litigation papers can be filed with courts electronically. However, certain jurisdictions still require parties to submit paper copies of documents for filing. If there are any questions about the procedures for filing the complaint and other legal documents, parties can always consult online materials or call court clerks for more information.
Sometimes, parties need to file additional documents with the complaint when they initiate a lawsuit. In many jurisdictions, parties need to file cover sheets or case information statements along with complaints so that courts can ascertain additional information about the dispute and the parties to the dispute. It is important to file all required documents with the complaint so that papers are not returned and litigation is properly initiated.
Drafting the Summons
Drafting a summons is also an important part of the process of starting a lawsuit. A summons is the legal document that informs a party that a lawsuit has been filed against them and they are commanded to answer the lawsuit. In certain jurisdictions, the party filing the lawsuit submits a summons to the court so it can be signed and in other jurisdictions, the summons is signed by the attorney of a party or the party themselves. In addition, some jurisdictions have form summonses that can be filled in with relevant information, and in other jurisdictions parties draft their own summons. It is important to follow the relevant rules surrounding summons so that a lawsuit can be properly initiated.
Preparing Other Documents
When starting a lawsuit in certain jurisdictions, parties need to prepare documents in addition to the summons and complaint. For instance, some jurisdictions require parties to prepare a notice of electronic filing that informs defendants about the electronic filing process and how to participate in the case through an efile system. Moreover, some jurisdictions produce track assignment notices that inform the parties which discovery track the lawsuit is on based on its complexity and the subject matter of the case. Such documents need to be prepared and complied before the lawsuit can move forward.
Service of Process
After all of the relevant documents are prepared and filed if necessary, the party staring a lawsuit needs to serve the papers on the defendants. There are usually a variety of methods that can be used to serve the papers on the other parties. The “good standard” of service of process is personal service upon the person to be served. In certain instances, service of process may be made upon people at the residence of the person to be served, and in other instances, service of process can be effectuated through the mail. Sometimes, it can be difficult to determine the proper person to be served, because only certain representatives of companies can traditionally be served with process. As such, it is important to speak with an experienced litigation attorney to ensure that litigation papers are properly served.
Affidavit of Service
After starting a lawsuit and serving the papers on defendants, parties need to submit proof that the proper papers were served in the right way. This usually comes in the form of an affidavit of service in which the party that served the papers attests to who they served, the physical description of the person served, and other critical information. The party usually needs to file the affidavit with the court so all of the parties are aware that the papers were served and on which date. This helps everyone determine when the party served with papers needs to respond to the lawsuit. It is important to review an affidavit of service before it is filed to make sure it is accurate to ensure that there are no deficiencies which could cause problems for the party when proving service.
The Rothman Law Firm is experienced with initiating litigation for clients relating to a variety of matters. If you are looking for an experienced New York and New Jersey litigation attorney when starting a lawsuit, please feel free to contact The Rothman Law Firm to request a free consultation.