Person Making a Legal Complaint
Finally, you must sign your complaint and provide your address, phone number, and (to the District Court and Las Vegas Court) your email address. (PNRC 11; JCRCP 11.) Learn about the requirements for preparing and filing a civil suit, including preparing a subpoena, as well as some precautions to take when filing a complaint could get you in trouble. In some situations, the defendant you name in your complaint may even sue you for abuse of process and damages. If you file a complaint without legal or factual basis or for improper purposes, the court may «punish» you. This means that the court may require you to pay money to the other party or to the court. They may also reject your case or formulate another sanction sufficient to prevent you from repeating your behaviour. (NRCP 11(c)(2); JCRCP 11(c)(2).) Attend your hearing. If the judge grants your request, he or she can order the clerk of the court to withdraw and file the proposed amended complaint that you have already filed. If not, you must file your amended complaint with the court.
The content of each complaint varies according to the type of case and the court before which it is presented. Complete the summons form for the court where you are filing your case (magistrates` court or court of justice). Submit it to the clerk along with your complaint. The summons and the claim must then be «served» on the defendant (delivered personally by a litigation server). Below is a sample complaint package with an abridged version of the information below, as well as a sample complaint. Keep in mind that every complaint is different, so this package is for example only. Sample complaint package Due to the volume of reports we receive, it may take several weeks for us to respond to your issue. Local legal aid offices or lawyers in your area may be able to respond quickly to your concern or help you. After you file your case and issue the clerk`s summons, you must «serve» a copy of the summons and complaint on each of the defendants you named in your case. There are very specific service requirements. For more information, click Serve your complaint. If your case is a case that entitles you to a jury trial, Rule 38(b) requires that you submit a written request for a jury trial to the other parties within ten days of the last case brief (usually the defendants` response).
If you do not meet the deadline to request a jury trial, you waive your right to a jury trial. Rule 39(b). To ensure that you do not waive your right to a jury trial, you must include a jury request at the end of your complaint. The jury`s request may consist of a single sentence that says something like «The plaintiff requests a jury trial on all matters duly heard.» Is there a possibility that filing a complaint will cause me trouble? Contact the Société des services juridiques at lsc.gov/find-legal-aid or call (202) 295-1500. Article 10(a) provides: «Each pleading shall include a title indicating the name of the court, the district, the title of the application, the number of the file numbers and a designation in accordance with Rule 7(a). In the appeal, the title of the action must contain the names of all the parties, but in the other pleadings, it is sufficient to indicate the name of the first party on each page, indicating the other parties. The clerk`s office will give you a file number when you file your complaint. Are there circumstances in which I need to include additional information in my complaint? Or visit www.findlegalhelp.org or call (800) 285-2221 to find an attorney through the American Bar Association. Here you will find a partial list of titles with examples of complaints and information on the claim elements available in printed form at the Law Library.
Some forms can be sent by reference by e-mail. When you file your complaint, the court clerk will charge you an application fee. Filing fees may vary depending on the type of file you submit and the amount of money you are pursuing for. To learn more, click here to visit Registration Fees and Waivers. Your complaint should generally comply with the court`s rules about what the documents should look like. Include a copy of your proposed amended complaint with your amendment request. (CRDS 2.30; JCRLV 10.5.) The proposed amended complaint you are attaching must be complete, include all exhibits and be ready to be submitted. Yes, there is a difference. You must determine which court has jurisdiction over your case before filing your complaint. For more information, see Decide where to place. The body of a complaint usually begins with the identification of plaintiffs and defendants.
You must include the name of each party in separate numbered paragraphs. The names of the parties must be supplemented by their «respective places of business or habitual establishment» (Rule 10(d)). If you know the domicile or place of business of a party, you must indicate this in the paragraph with the name of the party. The statement is the legal analysis of the story you told in the statement of facts. You must identify each claim (e.g., negligence, breach of contract, breach of warranty) separately in a separate section of the claim. For each claim, review each element of the claim in separate paragraphs and state the specific facts that justify each element. «Elements» are the legally required grounds for a claim that you will find in your search before writing your complaint. You do not have to explain or explain the legal theory on which the claim is based. This means you don`t have to identify and explain the items themselves. You can simply state the facts that would satisfy each element.
These are the most common characteristics that are protected by law. You are not required to attach attachments to your complaint. However, you can if you think it will help your case in one way or another. Everything you attach to your complaint becomes part of your complaint. (CBMP 10(c); JCRCP 10(c).) You can amend your complaint after you submit it by «editing» it. How you change your complaint depends on whether the defendant filed something with the court. Where can I find a sample complaint? What happens if I need to amend my complaint after I submit it? 1. Determine the type of case you have and its jurisdiction. An important step you should take first is to decide what your civil matter is (e.g., a contract dispute, a landlord-tenant issue, a personal injury matter, a family law matter, a probate dispute, etc.). Based on this information, you can then decide which court has the power to hear your case, i.e.
District Court, High Court, Housing Court, Bankruptcy Court, Probate and Family Court, etc. Your complaint is your story. Because every story is different, every complaint is different. Therefore, if you intend to represent yourself in a district or judicial court, you will need to write your own complaint specific to your case. Or you can hire a lawyer to draft a complaint for you. Click here to consult lawyers and legal aid. Some courts require you to attach additional forms to the complaint. In the Superior Court, Mass. Superior Court Rule 29 requires you to file a cover page for civil actions with your complaint. M.G.L. c. 218, § 19A (a) requires that a claim for damages filed with the District Court be accompanied by a declaration of damages form.
Rules 8 through 15 of the Massachusetts Rules of Civil Procedure set out the requirements for a complaint. While there are some formalities to complete, there are no «magic words» for a complaint. The rules give you a high degree of flexibility to tell your story in your complaint. The requirements of the rules are met as long as the complaint gives the respondent «fair notice of the plaintiff`s claims and the grounds on which they are based.» Mmoe v. Commonwealth, 393 Mass. 617, 621 (1985). While some state courts base their plea rules on federal rules of civil procedure, other states use very different rules. As a result, advocacy standards for complaints can vary significantly from state to state or between state and federal courts within the same state.
See State Code of Civil Procedure. The Supreme Court recently reiterated the level of detail required in a complaint in Ashcroft v. Iqbal. Yes. With the filing of your complaint, your case begins, but the summons is the document issued under the authority of the court that informs your defendant that he will be prosecuted and that he must act. Below is a link to a form that can be used to file a complaint with the Office of the Disciplinary Council. Although you do not need to use this form, any complaint filed with the Disciplinary Prosecutor`s Office must be filed in writing and signed by the person filing the complaint. It is always helpful to include as much detail as possible in your complaint about what happened and the reason for your complaint. If you have documents that support your complaint or explain what happened, please attach copies of these documents to your complaint letter. Finally, be sure to fully identify the judge or lawyer and provide a full address and phone number where you can be reached. You can send your complaint and all attachments in PDF format to the disciplinary lawyer at the following email address: ODCmail@sccourts.org Do I have to file a civilian cover page with my complaint? If you raise any of these elements in your complaint, read Rule 9 of the Nevada Rules of Civil Procedure or the Court of Justice`s Rules of Civil Procedure.
