Advisory to the Pro Se Litigant #4: If I Have a Lawsuit, How Do I Bring it?

A. Draft a Complaint That Articulates How You’ve Been Harmed, and What Law Has Been Violated If you want the court to hear your dispute, you must file a “complaint.” A complaint sets forth (in numbered paragraphs) the allegations and your demand for relief (payment or other remedy to put you where you would have been but for the dispute). Accordingly, it should have three primary parts to it: (1) On the first page of the Complaint, place a caption that states the court, the names of the parties, the docket number (once one is assigned), the title of the document, such as “Complaint”, and if you know it, the name of the judge (2) Identify the facts that set forth why the court in which you are filing your suit is the proper court to hear such a claim. See below under “Choosing the Proper Court.” (3) Draft a section of “Facts”—stating in numbered paragraphs those facts which illustrate that one or more laws were violated and that resulting harm has occurred. (4) Identify each legal violation for which you are seeking relief. (5) Identify what relief you are seeking. B. The Complaint Must Have Sufficient Details For A Court To Understand What Facts You are Alleging – and What Law You are Alleging was Violated The purpose of the complaint is to inform the court and the opposing party of your claims. You want to make sure it clearly articulates: (1) the infraction committed, (2) the law providing a remedy, and (3) the remedy you seek. Your complaint need not be so thorough as to convince the court of the merits of your case. It need only say enough to show the court that you are complaining about something for which the law provides a remedy. As long as the judge understands what you are complaining about, and the court where you have filed is a correct court in which to file you complaint, it will probably not be thrown out—and you will be permitted to proceed. However, please read the information under “Motion to Dismiss” for further information about how detailed your complaint should be. The purpose of the complaint is to notify the court and the other party of your claims. For the Defendant and court to understand what those claims are, you should identify them adequately. This means identifying the laws under which you are filing suit, and consequently, using as a basis to argue that you are entitled to damages. As you are only putting the defendant and court “on notice” of your claims, you do not need to cite case law to prove the merits of your case at this point. Be advised that many courts have “form complaints” for certain common issues, such as domestic violence, contract claims, auto accidents, and certain types of personal injury, thus avoiding the need for you to research the applicable statutes. “Form complaints” are pre-writen complaints with blank spaces for you to insert the particular facts of your case. Thus, if you are curious if the court has a form complaint for the issue that concerns you, please contact the relevant court clerk’s office.