Check with your states Rules of Procedure for service or with an attorney in order to determine if the process server may leave a copy of the Complaint at the defendants home or work, or if a signature is required. Family & Probate Team. Civil Complaint. Judicial approval is only necessary in special circumstances or civil actions involving minors. After the other party and each of his or her witnesses testifies, you may question them. Phone: (562) 908-8501. Courts for any cases with larger claims, often called circuit courts: there is usually a court that will hear claims that are about $25,000, and also certain specialized statutory claims that specify in the law which court will hear them. This can be a judge or a jury. This is the document in which you lay out the allegations against the defendant and allege how you have been harmed. Think about what outcomes would be acceptable to you: think about what you want from your opponent, and dont limit yourself to asking for money. Lawsuitforms.org cannot provide you with any legal guidance regarding your particular case. In addition to a filing fee, a separate fee must also be paid to "serve" the Complaint upon the defendant. Whenever a lawsuit is to be filed in a state court, the plaintiff or their attorney must determine the court with both the proper jurisdiction and appropriate venue. Where do I file a Civil Complaint? Maybe. This is where the infamous phrase, you got served originates. Courthouse 601 Market Street, Room 2609 P. 4) which the plaintiff is then required to serve on the defendant. Common reasons to sue are for the return of a security deposit, or for the value of property a landlord refuses to give back to the tenant after the tenant moves. You will need Adobe Reader software to fill out the complaint and consent forms. A Civil Category Sheet - (Attachment 3) 3. (a) Except as provided by Rule 1706.1, any party may join as an additional defendant any person not a party to the action who may be. Overview Most civil cases are started by one party (the party suing, called the "plaintiff") filing a "complaint" with the court. Note that the maximum recoverable sum of $12,000 doesn't include court costs, which the defendant must pay if the plaintiff wins, or any interest. The Pennsylvania Rules of Civil Procedure require both parties to wait ninety (90) days from the service of the Complaint before filing the consent forms. Your email address will not be published. If you need to change the hearing date, called a continuance, you have the right to do so one time under the court rules. Drafting the Complaint As with most other states, filing a complaint is the first step to beginning a lawsuit in Pennsylvania. You complete a request to Proceed In Forma Pauperis (IFP) to seek waiver of the filing fees. You also dont want to end up being the one sued or fined because you filed a complaint that lacks merit. A subpoena requires a witness to come to the hearing even if he or she does not want to come. In a family law action, these parties are sometimes referred to as the petitioner (bringing a petition) and the respondent (responding to the petition.). Settling insures you agree to the outcome of the case: if you end up going to trial, you really have no idea how the judge or jury will decide your case. Examples Only . Remember, all testimony is under oath so it is important that you tell the Magisterial District Judge the truth to the best of your ability. District Courts may accept filings up to $12,000. File a Complaint Using the Civil Rights Discrimination Complaint Form Package. What do I include in the claim? Additionally, sometimes, even if you should win, you dont (or you dont win nearly as much money as you are entitled to). Yes. However, if money is no object, you may want to consider a lawsuit anyway in order to get validation that your opponent was wrong. You have the right to appeal a decision with which you do not agree. Pennsylvania makes it relatively simple for individuals to file a civil lawsuit through magisterial district courts or the municipal court, if the suit is a small claims case. It also asks how much the complaint is asking for and what the claim involves. You may have to pay the $400 filing fee, or your attorney may pay it and add the amount to the costs of your lawsuit. The defendant will have a certain amount of time to respond to a civil complaint. Every litigation that is not criminal is civil, and civil cases include everything from eviction to probate, from automobile damage claims to malpractice suits, from small claims court to class actions with thousands of parties. They will help you win your case while guiding you through the court system and showing you where to file. References Pro se litigants are not required to submit this form. These disclosures are made by each party sending the other a 'Request for Production of Documents wherein they ask for specific documents that are relevant to the case. Once served, the defendant will have a certain amount of time to respond by filing an Answer to the complaint. This is a general overview of how to file a lawsuit in Pennsylvania. Claims for Relief where the plaintiff states how the allegations, if proven, will constitute a legally cognizable claim (such as negligence, or battery). You should consult an attorney about appealing. Otherwise, it might be quite difficult, since there are hundreds of different types of civil cases. The same rules apply to the defendant. A self-represented party needs to understand and be able to follow both state rules and local Rules of Court. However, the law does change, sometimes quickly and unexpectedly. Lets start by explaining a civil lawsuit. 4. The case must be against a specific person or business. By signing up you are agreeing to receive emails according to our privacy policy. Include your email address to get a message when this question is answered. To appeal a judgment for possession, it must be filed within 10 days of the decision. (for example: a bill from a plumber or an estimate from an exterminator). Once both sides are finished presenting their claims and defenses, the judge or jury will find in favor of one party or the other. You can also copy the style of an existing complaint you find on the Internet or from another lawsuit that was filed in your jurisdiction. Writing and sending the opposing party requests for admission, which are essentially requests that the opposing party admit under oath that certain facts are true. If not, the Magisterial District Judge must decide within five days and send a copy of the decision to each party. File the complaint with state and civil cover sheets. There are a few types of cases that should be filed in federal court instead of state court. Once you properly file a complaint and pay the filing fee, the court clerk is required to issue you a summons document (according to Fed. This form asks for basic information about the parties, like names, addresses and contact information. You can find the nearest court and stop in to ask where you should file your lawsuit. ", "Every thing was great, the way that they explained it to me.". 1. You can submit a complaint online or by printing out and sending a form into our office. For cross-examination, realize that you probably wont get that much useful information, and limit or completely forgo examining the opposing witnesses. Family law matters are heard here. It also states the compensation or relief sought by the plaintiff and why they are entitled to it. Other common civil lawsuits include breach of contract, product liability, divorce and family law, property disputes, and housing disputes. What If Someone I Want to Be a Witness Does Not Want to Come to the Hearing? The elements used above are general examples only! The fees have to be paid up front when you file the suit, but will be added to the judgment the defendant is required to pay if the Magisterial District Judge finds in your favor. A civil complaint is a legal document that initiates a lawsuit and informs the person being sued of the claims against them. The defendant may file a countersuit against you for money he or she feels you owe them. After all the testimony, the Magisterial District Judge will decide the case. It identifies the basics which court the case is in, the names of the parties involved, and the name of the attorney representing the plaintiff. As you will see, the basics of filing a lawsuit in Pennsylvaniaare not nearly as complicated as they first seem. Any individual unsure of the statute of limitations for their particular case should contact an attorney. You may be advised to file a complaint with the Pennsylvania Human Relations Commission (PHRC). A Civil Cover Sheet - (Attachment 2) 2. This document outlines the laws enforced by the United States Department of Justice (DOJ) that address police misconduct and explains how you can file a complaint with DOJ if you believe that your rights have been violated. Of course, the specifics of any case can be a bit more complex, but if you understand these basic concepts, you will be able to represent yourself competently in most civil lawsuits.The Pennsylvania Lawsuit Form package will show you how to file a lawsuit, send and respond to requests for production, introduce exhibits, offer objections, and interview witnesses at a hearing or trial. The Magisterial District Judge will hear your lawsuit and the countersuit at the same time. New Statewide Tool Available to Apply for Civil Legal Assistance in Pennsylvania, Cooling Program from the Low Income Home Energy Assistance Program opened for summer 2023, Low Income Household Water Assistance Program (LIHWAP) is Reopening for a Limited Time on Monday, July 10, 2023, HIGHSCHOOL GRADS: Protect Yourself from Scams, New Resource:Know Your Rights: Unemployment Compensation Overpayments (Video), USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents. After that, the plaintiff pays filing fees, which are due when the complaint is submitted. While the statute of limitations period usually begins from the time of the incident, this is not always true. Settling will save you time: trials are often long and drawn out, therefore, settling now means that as a plaintiff, you will receive money sooner rather than later. To file a lawsuit, hire an attorney with at least 3 years of experience and good reviews online. To learn more from our Civil Litigator co-author, like how you can settle your case before going to trial, keep reading the article! How appeals are decided: generally, the courts of appeal do not want to tell the trial judge that he made the wrong decision, or overrule that decision. Superior Court cases are generally heard by panels of three judges sitting in Philadelphia, Harrisburg or Pittsburgh, but they can also be heard by a panel of nine judges. The basic words was very. Imagine that a case is to be filed in the Pennsylvania Court of Common Pleas, the general trial courts of the state. You have the right to get subpoenas from the Magisterial District Judge. Once the complaint is filled out, it is time to file it with the court. Venue is the geographic location where either a defendant can be served or where the cause of action occurred. There are 60 judicial districts, and most follow county boundaries. The prosecutor tries to convince a jury or a judge of the defendant's guilt, and the defense attorney tries to convince them of the defendant's innocence. If possible, try to investigate your case using informal discovery type practices as opposed to formal discovery.Formal discovery can be extremely expensive and also very complex, so sometimes it's better to investigate on your own, especially if you dont have a huge amount of money at stake. The plaintiff will need to allege that the city (or someone else) was negligent in some manner. Teo Spengler earned a J.D. No. The detailed information was very helpful for a lay person such as myself. and an M.F.A in creative writing and enjoys writing legal blogs and articles. The complaint outlines all of the plaintiff's theories of relief, or causes of action (e.g., Negligence, Battery, assault), and the facts supporting each Cause of . Creating papers isn't the most straightforward process, especially for people who almost never deal with legal papers. If you need papers or documents to support your claim, do you have them, or can you get them before the trial? However, you should make sure that you go to file the complaint during the regular business hours of the court. The Magisterial District Judge used to be called a District Justice and before that a Justice of the Peace. If youve ever been sued in a civil action, then youre probably aware of how a civil lawsuit works. Without proving the existence of a contract, you cannot show that there was a breach.. The system is designed to work without attorneys. All without an attorney. Whether your opponent has a convincing story: you should consider whether or not your opponent has a convincing story that conflicts with yours. Remember that the venue rules that govern which Magisterial District Court has jurisdiction to hear the matter generally require the plaintiff to file their lawsuit where the defendant is located or where the dispute or incident happened. If you do not have an attorney and your opponent files a motion for summary judgment, you should argue in response that there are facts that are disputed, and those facts are what will determine the outcome of the case. If you do not want to file your complaint directly using CRCL's online portal, you can download and complete the fillable Adobe PDF complaint form and then email, fax, or mail your completed form to CRCL. This turns on the rules about what types of cases each court can hear, as described above. The same procedure applies to filing a small claims court action in Philadelphia County, except that the plaintiff cannot file in a Magisterial District Court. Whether you have evidence: you should consider whether you can prove what happened in a court of law. A criminal case is brought against a person accused of breaking a section of the criminal code. Discovery often includes depositions of witnesses as well. Landlord / tenant complaints are filed where the property is located. Go to CRCL's Complaint Portal. The IFP form requests information about your family size, income and expenses. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Our Pennsylvania Civil Lawsuit Package contains forms, samples, and instructions on how to send and respond to requests for production. However, if you have any reason to believe the Defendant may attempt to hide from service, it may be best to pay for personal service. No: MDJ Name: Address: PLAINTIFF: CIVIL COMPLAINT NAME and ADDRESS Telephone: FILING COSTSPOSTAGESERVICE COSTSCONSTABLE ED. The filing fee is $173.25. While Pennsylvania allows plaintiffs to represent themselves in all courts in the state, handling a case in any other court than the Magisterial District Court is only a good idea for those familiar with the legal rules and procedures. Essentially, this type of motion argues that there are no issues of the facts, so the case can be decided by the judge on the basis of the law only. You should make several copies of your complaint and take them all to the court clerk. This article has been viewed 339,145 times. When filing a civil complaint with a federal court, you must also include a filing fee, which is currently $350. The key distinction is that the other party is the district attorney's office or a state or federal prosecutor. You must make your objection at the time the witness is giving testimony that is not relevant or is hearsay. If you have any questions about what you should include in your Complaint, please seek the advice of an attorney.) Once you or your civil lawsuit lawyer has prepared the complaint, it must be filed with the court to begin the civil action. wikiHow is where trusted research and expert knowledge come together. Before filing a lawsuit you should consider whether the person you are suing may have a valid countersuit they could file against you, especially if their claim might be worth more than yours. Make two photocopies of your completed application, then take your original application, copy, and any other documents you want to file with it to the clerk's office. It is produced in cooperation with Pro Bono Net and legal aid organizations, bar associations, community organizations and government agencies throughout Pennsylvania and the United States. Always be kind and polite to any witnesses, even during cross-examination. You should begin proving your case by telling the jury what evidence is in your favor and what happened to you. Both criminal and civil cases must be determined by a trier of fact. Summons File a praecipe to issue writ of summons with a writ of summons. We write helpful content to answer your questions from our expert network. Typically, civil lawsuits seek monetary compensation for the victim or a solution to end further harm through an injunction. You should make a written outline or checklist to use at the hearing. Visit PAVictimsHelp.orgfor more information. The constable or a sheriff's deputy will serve the Order of Execution and levy the personal property of the person who owes the money. 1 Resolve your issue without court intervention. The plaintiffs in civil cases must prove every element of their case by presenting evidence persuasive enough to convince the judge or jury. Click Here For Details -. Most complaints in Pennsylvania have the following format: A 'Case Caption' with basic information about the case. This article was co-authored by Clinton M. Sandvick, JD, PhD. However, the Magisterial District Judge can consider a bill, estimate, receipt, canceled check or bank statement if it helps prove your case or defend against a counterclaim. PALawHelp.org is a project of the Pennsylvania Legal Aid Network and the Legal Services Corporation. will require a filing fee for all Civil Complaints, unless you cannot afford the fee, in which case, it should be waived (see below). A few examples of cases under federal law include suing a police officer under the federal civil rights statute (called a 1983 case) or suing because a government organization has unlawfully discriminated against you. In your opening statement, you should give an overview of what your case is about and what your evidence will prove. The most common objections are relevancy and hearsay. A completed SUMMONS for each defendant - (Attachment 4) You will also have to pay a filing fee of $402.001 at the time you file your COMPLAINT . You must personally contact that agency and file the appropriate paperwork within 180 days of the alleged act of harm.

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