Now that we’ve talked about the different kinds of court papers you can expect to deal with, let’s talk about them in more detail
When we refer to “core pleadings” we are referring to the basic papers that are found in every lawsuit, that must always be present, and which collectively define the lawsuit.
A lawsuit is presented to the court in writing – through pleadings. You don’t just wander into a courtroom and say “hey judge – Joe down the street plowed through my fence, all my cattle got out ran off. He needs to pay me for them”.
Instead you plan a lawsuit to recover the damages Joe has caused and more specifically, you prepare a complaint, unless you’re in Texas, in which case you prepare a petition.
The complaint sets forth all the facts that took place as well as refers to circumstances (such as in what state does the defendant live, where did the relevant events take place). This is not a random regurgitation of events, but instead must convey to the court at least all of the following:
– that the court has jurisdiction of the case
– that the court has jurisdiction over the defendant
– that the suit is brought in the proper county
– what happened
– what legal grounds exist for you to bring the suit
– how were you damaged
A lot of people have asked how to start a lawsuit. Well, here you go. Just follow the checklist as you prepare your complaint, make sure that you have every item included, and push forward!!!
Once you get the complaint filed, you will have an active case – your complaint will have a case number. You need to then have the complaint along with a summons served upon the defendant.
Viola!!! You’ve started a lawsuit!