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Civil litigation

filing a lawsuit

Filing a lawsuit (often called a plaintiff’s petition or complaint) generally requires the plaintiff to file a document (often electronically) in the general form required by the rules of procedure in the applicable state or federal court system, and to pay a filing fee. The petition or complaint must give the defendant (person or entity being sued) reasonable notice of the legal claims asserted and the factual basis for those claims.

In New York, initiating a lawsuit involves filing a complaint or petition with the appropriate court. The New York Civil Practice Law and Rules (CPLR) govern the procedure for filing a lawsuit in the state courts. The complaint must provide sufficient detail to give the defendant reasonable notice of the claims against them and the facts supporting those claims. This includes stating the facts constituting the cause of action and the relief sought. The plaintiff must also pay a filing fee, which varies depending on the court and the type of case. In some instances, such as in small claims court or for individuals who cannot afford the fee, there may be fee waivers available. Once the complaint is filed and the fee is paid, the plaintiff must serve the defendant with a copy of the complaint and a summons according to the rules set forth in the CPLR to provide official notice of the lawsuit.

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Civil litigation

filing a lawsuit

Individual & Family Legal Plan

Articles

New-York State Code

New-York State Code

Civil litigation

filing a lawsuit

Articles