The legal papers that are filed in court at the beginning of a
lawsuit are called "pleadings". Your attorney will explain pleadings
to you in the particular context of your case, but the summary that follows
will give you a head start in understanding some of the many documents that may
become a part of your civil lawsuit. Please note that some states have
different names for some of these documents.
Complaint /
Petition
Usually the first document filed in a lawsuit is the Complaint (or
Petition), which provides an outline of the plaintiff's case against the
defendant. The Complaint is a document that identifies the parties involved,
sets out the legal basis for the court's jurisdiction over the controversy,
states the plaintiff's legal claims, and relates the facts giving rise to the
claims. The Complaint will also contain a section called a demand for judgment
or prayer for relief. Here the plaintiff will set forth what he or she wants
the court to order the defendant to do--such as pay damages or take (or cease)
a certain action.
The purpose of the Complaint is to provide the defendant with notice
of the factual and legal grounds for the plaintiff's claims. Generally, the
facts set forth in the Complaint are based on the plaintiff's own knowledge.
Sometimes the plaintiff will use the phrase, "upon information and
belief" before setting forth some facts. This means that the plaintiff has
heard about those facts from someone else., or has formed the belief that the
events described in the paragraph happened as described. Most states require
that the Complaint set forth only a short and plain statement of the
plaintiff's claims, so the facts in the Complaint don't necessarily need to
tell the whole story.
Summons and
Service of Process
The Summons is an order from the court where the lawsuit will be
heard or "litigated." It notifies the recipient (the
"defendant" in the case) that he or she has been sued, refers to the
Complaint or Petition, and sets out the time limit within which the defendant
must file and answer or seek to have the case dismissed. It will also describe
the consequences of failing to respond in a timely manner: the case may be
decided without the defendant and he or she may be bound by the result even
without participating. Failing to respond to a lawsuit on time will cause a
defendant to be "in default."
The Summons is usually a form document. It will have a preprinted
caption that contains the name of the court, the names of the parties and a
docket number (the court's identification number for the matter)The body of the
document will tell the defendant that he or she has been sued. The language is
called the "Notice." The Summons will be delivered or
"served" on the defendant along with the Complaint, either when
somebody actually confirms his or her identity and gives them the documents, or
when they are mailed to the defendant. The legal term for this is "service
of process." The Summons, properly served, gives the court power or
"jurisdiction" over the case and over the defendant. That means the
court may make decisions about the controversy described in the Complaint, and
decisions affecting the defendant with respect to the controversy.
Answer
The defendant's response to the Complaint is called an Answer, though
some states use a different word for this document. The Answer will address
each paragraph in the Complaint, and each response will ordinarily take one of
three forms: "admitted," "denied," "insufficient
knowledge to admit or deny." An answer may also set forth various
affirmative defenses, which are legal reasons why the defendant should not be
held liable for the plaintiff's damages. Some of these defenses may also be the
basis of a motion to dismiss.
Counterclaim
If a defendant has his or her own claim against the plaintiff, one which
arose out of the same circumstances as those that led to the Complaint, it
should be raised in the Answer in a section titled
"Counterclaims."The Counterclaim will be written in a manner similar
to the Complaint.
Reply to
Counterclaim
If a defendant asserts a counterclaim in the Answer, the plaintiff
may respond by filing a "Reply." The Reply will "admit,"
"deny," or assert that the plaintiff lacks information, just as the
original Answer did. The Reply also may assert defenses, just as the Answer
did.
Cross-claim
Cross-claims arise when there are many parties to the lawsuit and two
or more, who are "aligned" as plaintiffs or as defendants, have their
own dispute arising out of the transaction or occurrence. For example, if
Driver B and Driver C are sued by Driver A after a multiple-vehicle accident,
and Driver C was actually injured by something Driver B did, Driver C might
file a cross-claim against Driver B, within the same lawsuit.
Answer to
Cross-claim
The person being sued in a Cross-claim will file and Answer similar
to the one filed after the original Complaint.
Third-part
Complaint
Sometimes a defendant who has been sued will have a legal reason for
passing liability off to another person. A common example is a contract in
which the third party promises to pay if you the defendant is found liable in a
case. This person may be brought into the lawsuit if the defendant files a
Third-party Complaint. Like the regular Complaint, it will set forth the
relevant facts giving rise to the defendant's claim against the third party,
and will set forth a request for relief.
Answer to
Third-party Complaint
The person being sued through a Third-party Complaint must file and
Answer, similar to the one filed after the original Complaint.
