Starting a Civil Case

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This section is general information about the start of civil cases, not criminal cases. Every civil court case (also called a lawsuit) starts with papers that tell the court and the other side what the case is about. 

A court case must be started in writing. All legal papers must be typed or printed neatly in English, in black ink, on 8 ½ x11 inch paper, using one side of the paper only. The papers must be given to the court. Giving legal papers to the court is called filing. 

In some cases, like money cases, a person or organization files legal papers called a complaint. The filer is called the plaintiff and the person complained about is called the defendant. In other cases, like family or landlord-tenant cases, the person or organization starting the case files a petition and the filer is called the petitioner and the other side is called the respondent. The defendant or respondent also gets a summons or notice. Reading the topic sections you are interested in will give you more information. 

A case must be started in the right court and before the time to start the case has run out. There are laws called statutes of limitations that say the time periods for starting a case. This depends on the type of claim. 

The papers starting the case must be delivered to the other side the right way. This is called service . In most cases there is a court fee to start a case. If you can’t afford to pay the court fee, you can ask the court for a fee waiver

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