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Typically, a court will require that you submit a civil cover sheet, a summons and a complaint. To determine what specific forms are required, contact the clerk in the court where you are filing the lawsuit or visit the court’s website. A summons is written notice to the party being sued and the court stating that the complaint has been filed and therefore the lawsuit has commenced. You should note that not all jurisdictions require that you file a summons along with the complaint. The complaint is the legal document that starts a lawsuit. Generally, a complaint must include the following:  A caption on the first page. The caption identifies the parties in the lawsuit, the name of the court where the lawsuit was filed, the lawsuit/case number and information identifying the type of document. Your complaint should be typed, double spaced and printed on 81⁄2 x 11 inch paper. An introduction to your document that includes the names of the defendants and describes who they are and how they are related to the cause of action. A request for a jury. If you want your case to be heard by a jury, you must write that in your complaint. Typically, courts will also expect you to include a brief explanation of why the court has subject matter jurisdiction and venue. You must include a statement of facts in numbered paragraphs and in chronological order. You should also describe the conduct of the defendant, i.e. what the did or didn’t do that gave rise to your injury. You should set forth your legal claims/causes of action such as negligence or breach of contract. You should also identify the specific laws that you are relying on to bring your lawsuit. Include your signature and date. After you have completed your complaint, you must sign and date the document. You should also type or print your name beneath your signature. You must create a separate document with a caption and document title of “Certificate of Service.” This document must state that you sent a copy of the complaint to the defendant and describe the how and where the defendant was “served” with the complaint. Your certificate of service should be included with your complaint. You should file your complaint in the appropriate jurisdiction and venue as discussed above. You should follow the rules for your specific court or contact the court clerk and ask what you need to do in order to properly file your lawsuit. Generally courts require the following:  Bring at least one original and two copies to the court clerk. Submit the documents to the court clerk for filing. The clerk will stamp all of the documents as filed, return the copies to you and keep the original. Pay a filing fee. Most courts will require that you pay a filing fee to commence an action. You should bring the fee in the appropriate form to the court at the time of filing. You may also be able to file for a waiver of the fee.  Keep two extra copies of the complaint for your records. After you file the complaint, you must legally provide a copy to the defendant in a manner set forth by state law. It is imperative that you properly serve the defendant or your lawsuit may be deemed invalid. Generally, methods for service of process include:  Personal service, which means that a person over the age of 18 personally hands the document to the defendant and fills out an affidavit describing the service. Depending on the state, process servers can include friends, family members, professional process servers, or law enforcement personnel. Service by mail. Many jurisdictions allow you to serve parties to a lawsuit by mail. Typically, you would send the document by U.S. mail, “return receipt requested,” so that you can demonstrate for the court that the document was delivered to the residence of the defendant. After serving the petition, most courts require that you file a document demonstrating proof that the defendant was properly served. It is very important that you submit this document because it is often used to start the time period for when the defendant has to file a response.
Determine what documents you must file. Draft the summons. Draft the complaint. Draft a Certificate of Service. File the complaint with the appropriate state court. Serve the complaint on the defendant. File proof of service.