How to File a Lawsuit Without a Lawyer.
Full Answer
1. Drafting the Complaint. In every state, filing a complaint is the first step to beginning a civil lawsuit. This is the document in which you lay out the allegations against the defendant and allege how you have been harmed. Keep in mind that you do not need to try and prove your allegations in the complaint.
In forma A person who cannot afford to pay the $400 filing fee for a civil case pauperis has the option of asking the court for permission to file a case without paying the fee in advance. To make this request, the party files a petition called an …
To start a lawsuit without a lawyer, you may need to file a verified complaint, along with the specified filing fee. It is the same first step that a lawyer may take in commencing a lawsuit. This step is immediately followed by the filing of a civil summons form. How to File a Verified Complaint. The complaint serves as the foundation for your lawsuit.
Except where a judge fixes a different time in accordance with this rule, the original of anymotion shall be filed by 4:30 p.m. of the second business day preceding the date of presentment.
Local Rule 5.2(c) requires you to file an extra copy for the judge of anypleading, motion, or other document you file, with the exception of exhibits or depositions.
This guide is intended to help people who want to file a civil case without an attorney. Someone who files a civil case on his or her own behalf is often referred to as a pro se partyor pro se litigant (pronounced pro say).
The intake clerk will give you blank copies of the employment discrimination complaint form on request. A copy of this form has been included in the Appendix of thisguide.
If you are unable to pay the $400. filing fee for a civil case, you may ask the court tolet you proceed without paying the fee in advance. The Latin phrase used for proceeding inthis way is “in forma pauperis.” Translated, this phrase means “in the status of a poorperson.” This phrase is often shortened to “IFP.” Cases of this type are sometimes calledIFP cases.
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law , except as provided by local rules of court . This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
The complaint serves as the foundation for your lawsuit. It should be organized, factual, and accurate. Within this document, you may explain your claim or cause of action to the defendant (the party you are suing).
You may have to complete a civil summons form, a document that can be found on the United States Courts website, in which you specify the location and the district of the court through which you are filing your lawsuit. This form will also list the name (s) of the Plaintiff (which is you) and the Defendant (s).
The court clerk may not advise you on how to serve papers to the defendant. You may be legally required to follow specific procedures in this process, depending on the types of papers you are serving. In some cases, the court may direct you with a specific method of service, with which you must comply.
Before you take either step, you should consider getting to know more about your rights to file a lawsuit under the New York statute. There is much more to “having a case” than suffering an injury and believing somebody should pay for it.
If you have suffered a personal injury due to another party’s negligence, you may be able to file a lawsuit aimed at getting the at-fault party to cover your damages. Be forewarned that a successful lawsuit may hinge on the proper handling of many different moving parts.