Simone Lawson
In the United States, civil cases are often initiated by the plaintiff filing a complaint with the court and serving a copy of the complaint on the defendant. The complaint outlines the plaintiff's damages or injuries, explains how the defendant caused them harm, and requests relief from the court. This relief could be monetary compensation or an order for the defendant to cease the harmful conduct. While there is no explicit mention of a constitutional entitlement to a copy of the complaint, it is standard practice for the plaintiff to serve a copy to the defendant as part of the legal process. This exchange of information is essential for all parties to understand the case and prepare their responses.
| Characteristics | Values |
|---|---|
| Who files a complaint? | The party suing, called the "plaintiff" |
| Who is being complained about? | The "defendant" |
| What does a complaint include? | What the plaintiff wants (money or some other type of relief), why they believe they are entitled to that relief, and the identity of the defendant |
| What happens after a complaint is filed? | The plaintiff will pay a filing fee to the court and have the court issue a "summons" |
| What is a "summons"? | A legal document that notifies the defendant that they are being sued, including which court the case is in, the names of the parties to the case, and the names of the plaintiff's attorney (if there is one) |
| What happens after the summons is issued? | The summons and complaint must be "served" (delivered) to the defendant(s) |
| What is "serving"? | Personally delivering the legal documents by a process server |
| Can a complaint be amended after it is filed? | Yes, by filing an "amended complaint" |
| What is "discovery"? | The litigants must provide information to each other about the case, such as the identity of witnesses and copies of any documents related to the case |
| What is the purpose of discovery? | To prepare for a trial by requiring the litigants to assemble their evidence and prepare to call witnesses |
| What happens if the litigants cannot reach an agreement? | The court will schedule a trial |
| Are the litigants entitled to a jury trial? | Yes, in a wide variety of civil cases, either side is entitled under the Constitution to request a jury trial |
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What You'll Learn
The plaintiff must serve a copy of the complaint to the defendant
To initiate a civil lawsuit in federal court, the plaintiff must serve a copy of the complaint to the defendant. This is a crucial step in the legal process, as it ensures that the defendant is notified of the lawsuit and provided with essential information about the case.
The complaint is a formal document that outlines the plaintiff's legal claims against the defendant. It describes the plaintiff's alleged damages or injuries, explains how the defendant's actions caused these harms, and demonstrates that the court has jurisdiction over the matter. The plaintiff may also request specific relief from the court, such as monetary compensation or an injunction to prevent the defendant from continuing the harmful conduct.
Serving the complaint to the defendant is typically done through a process server, who is responsible for personally delivering the legal documents to the defendant. This step ensures that the defendant has been properly notified of the lawsuit and its specifics. It is important to note that there are specific requirements and procedures for effective service, which may vary depending on the jurisdiction.
In addition to serving the complaint, the plaintiff must also ensure that the defendant receives a summons. The summons is a separate legal document issued by the court, informing the defendant that they are being sued. It contains important information, including the name of the court, the names of the parties involved, and the name of the plaintiff's attorney, if applicable.
By serving the complaint and summons to the defendant, the plaintiff initiates the legal process and provides the defendant with the necessary information to respond to the allegations and proceed with the case. It is a critical step in ensuring due process and allowing both parties to exercise their legal rights.
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The defendant must be notified of the summons
There are specific requirements for serving a summons, and the plaintiff is responsible for ensuring that the summons and complaint are served within the time allowed. The summons can be served in person by a process server, or by mail with a return receipt requested. Restricted delivery ensures that only the addressed person can sign for it. The plaintiff must also keep records of when the letter was sent and to whom, as well as the return receipt, as proof of service.
In some cases, the Sheriff may serve the summons, but this usually requires a fee. The Sheriff will make three attempts to serve the defendant within 30 days of the summons being issued. If the defendant cannot be served within this time, the summons is no longer valid, and a new one must be requested. Alternatively, if the defendant agrees to waive formal service of a summons, the plaintiff must file the signed waiver with the court, and the case will proceed as if the defendant had been served.
Proper notification of the defendant is crucial to the judicial process. Without it, judges cannot make informed decisions, and defendants lose the opportunity to appear in court or respond to the filing.
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The complaint must detail the plaintiff's damages or injury
In a civil lawsuit, the plaintiff's complaint is a crucial document that outlines their legal grievance. It describes the plaintiff's damages or injury in detail, providing a clear understanding of the harm they have suffered. This description must be specific and include sufficient facts to support the plaintiff's claims. The complaint should explain how the defendant's actions or conduct caused the harm and how the court's intervention is necessary to redress the situation.
The level of detail required in a complaint has evolved over time. Traditionally, complaints did not need to be highly specific, and the focus was on notifying defendants of the lawsuit and its basic nature. However, in 2007, the Supreme Court case of Bell Atlantic v. Twombly set a new precedent. This landmark case established that complaints must now allege "enough facts to state a claim to relief that is plausible on its face." This heightened standard ensures that complaints are more substantive and provide a stronger foundation for the plaintiff's demands.
When drafting a complaint, it is essential to keep in mind that the purpose is to inform the defendant of the allegations against them and the nature of the harm caused. The complaint should clearly articulate the plaintiff's damages or injuries, whether they are financial, physical, emotional, or otherwise. This information enables the defendant to understand the extent and impact of the alleged harm and facilitates their ability to respond and prepare a defence.
To support the description of damages or injury, the plaintiff may include relevant exhibits and evidence with the complaint. This can include medical records, financial statements, expert opinions, or any other documentation related to the case. By providing this additional information, the plaintiff strengthens their case and demonstrates the validity of their claimed damages or injuries.
In summary, the complaint's detail of the plaintiff's damages or injury is pivotal as it lays the foundation for the entire legal claim. It enables the court and the defendant to comprehend the nature and extent of the harm suffered, which then guides the legal process, including discovery, witness preparation, and ultimately, the determination of potential compensation or other forms of relief. Therefore, a well-crafted and detailed description of the plaintiff's damages or injury is a critical component of any civil lawsuit.
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The plaintiff must pay a filing fee to the court
There are specific requirements for serving a complaint, and these differ depending on the court. For example, in New Jersey, if you have been named as a defendant in a case, you must file a written answer to the complaint with the Office of the Special Civil Part in the county in which the complaint was filed within 35 days of receiving the summons. You must also hand-deliver or send by regular mail a copy of this answer to the plaintiff's attorney or the plaintiff themselves (if they do not have an attorney).
If you are unable to pay the filing fee, you may apply to the court to waive the fee. For example, in New Jersey, the court does not charge a filing fee for litigants who can prove that their income is no more than 150% of the current poverty level and that they have no more than $2,500 in cash and bank accounts. Similarly, in federal civil cases, a plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis, and if the request is granted, the fee is waived.
It is important to note that there may be additional fees associated with the legal process. For example, there is a fee for serving a third-party complaint upon new parties that are added to the lawsuit. Additionally, if you need to change your complaint after filing it, you can amend it, but there may be specific procedures to follow depending on whether the defendant has already filed something with the court.
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The plaintiff can request a jury trial
In the United States, a plaintiff can request a jury trial in a wide variety of civil cases. This right is preserved by the Seventh Amendment to the Constitution or as provided by a federal statute. To demand a jury trial, a party must:
- Serve the other parties with a written demand, which may be included in a pleading, no later than 14 days after the last pleading directed at the issue is served.
- File the demand in accordance with Rule 5(d).
In its demand, the party may specify the issues it wishes to have tried by a jury. If the party does not specify, it is considered to have demanded a jury trial on all issues triable by a jury. If only some issues are specified, the other party may demand a jury trial on any other or all factual issues triable by a jury within 14 days of being served with the initial demand.
It is important to note that a jury demand must be served on other parties and filed with the court for proper scheduling of cases. If a jury trial is not demanded, it is considered waived, and a judge without a jury will hear the case.
In civil cases, the plaintiff files a complaint with the court and serves a copy on the defendant. The complaint outlines the plaintiff's damages or injury, explains how the defendant caused the harm, and requests relief from the court. The plaintiff may seek monetary compensation or ask the court to order the defendant to stop the harmful conduct.
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Frequently asked questions
Yes, you are entitled to a copy of the complaint. In civil cases, the plaintiff (the party suing) files a complaint with the court and serves a copy of the complaint to the defendant.
A complaint is a document that describes the plaintiff's damages or injuries, explains how the defendant caused the harm, and asks the court to order relief.
To file a complaint, you must first fill out a generic motion form and title it "Motion to Amend Complaint." Then, you must attach a copy of your proposed amended complaint, which must be complete and include all relevant exhibits. Finally, file your motion with the court clerk, who will set a date for a hearing.
