How to File a Lawsuit

For those who have read John Grisham's books and have seen the series Boston Legal and the Practice, probably you will not have to read this article. Of course, I also need not talk about those who have studied law! It must have been one of the first few things they would have learned in law school. Yes, I am talking about filing a lawsuit. On a serious note, though, filing a lawsuit has to be done very carefully and wisely. In most cases people hire lawyers. But there are some who do not hire a lawyer for that purpose. For those who want to learn how to file a lawsuit, on their own, perhaps the text further will help.

How to File a Lawsuit Without a Lawyer?

It is not going to be easy, filing a lawsuit when you are against hiring a lawyer. There is humongous amount of paperwork which is complicated to say the least. If you are aware of a little bit of legal jargon and know how the legal system works, it will prove to be helpful in filing a lawsuit.

Talk and Consult
Okay, you do not want to hire a lawyer. But, that will not exempt you from talking and consulting a law student or lawyer. Doing this is important to make sure that you have a valid claim and argument for the court case. If you are in luck you might even get to attend programs where law students assist those who have not hired a legal counsel.

Now for the Rule Book
Once you are sure that you have a valid case and claim on your hands, you will have to go through your jurisdiction's Rules of Civil Procedure and local rules. The Internet and law books are the best resource for that. Law school libraries and the local court libraries will surely have these books. It is important to read these thoroughly, for presenting the case well. Focus on the details where what you have to do for beginning your lawsuit have been mentioned in the Rules of Civil procedure.

File it On
This is it. This is the point where you actually file the case with court. Be 100% sure about the cause of action before you eventually file the case. However, this should not be before you feel you are totally prepared and confident enough. As after filing the lawsuit there would be no turning back. For filing the documents of the case there might be some fee which you would have to pay.

Other Party
Once you are done filing the case papers in the court, these papers also have to be sent to the person or organization or any other entity you have the case against. Again, here, the rule book will tell you how to file a lawsuit in connection with summons and telling the other party to appear in the court and the related laws.

Lastly, after doing all this, that is filing and serving the complaint or original pleading, you will get a date for hearing of the case in some time. Once you get that, you will have to actively and in a very alert manner prosecute your claim. This is very crucial as the court may dismiss the case for lack of prosecution.

For all this, though, you have to be in sound financial condition and should have enough time on your hands to pursue the case. The legal jargon and litigation details can be very complicated and a layman will definitely find it difficult to get a grip of the same. This is where consulting a proper lawyer will be worth a million bucks whether you are filing a law suit in local court or filing a suit in Federal court. Hence, hiring a lawyer is always a better option.

Last and the final word - this article was just to give you a very basic idea of how to file a lawsuit. This is no substitute for the rule book and actually studying the law or speaking to a legal counsel. Please take care of that! All the best!