how to file a civil complaint in pa

They are mainly used in trials held in Courts of Common Pleas. Official Note. However, you should make sure that you go to file the complaint during the regular business hours of the court. Other forms may be found on individual county court websites. The goal is to provide relief or compensation to the victim. Presenting the case is a matter of common sense. Requesting documents from your adversary. No. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network or your local Public Defender. If you do decide to prepare your own complaint, use resources such as your local law library to find examples of complaints to guide you. Jurisdiction means that the court has legal authority to hear the case. A Magisterial District Judge is a locally elected official who decides civil lawsuits. The defendant may file a countersuit against you for money he or she feels you owe them. In some states, you must sign your complaint in the presence of the clerk or get it notarized. Pro se litigants are not required to submit this form. The elements used above are general examples only! For 15 years our company has published content with clear steps to accomplish the how, with high quality sourcing to answer the why, and with original formats to make the internet a helpful place. Civil cases are started by a private party, such as a person or business, who believes they have been harmed by another party. In this case, several readers have written to tell us that this article was helpful to them, earning it our reader-approved status. If a finder of fact determines that the plaintiff's evidence is more persuasive than the defendant's, they will find for the plaintiff. File a Complaint Using the Civil Rights Discrimination Complaint Form Package. We perform original research, solicit expert feedback, and review new content to ensure it meets our quality pledge: helpful content Trusted, Vetted, Expert-Reviewed and Edited. It also asks how much the complaint is asking for and what the claim involves. A civil complaint initiates a civil lawsuit by setting forth for the court a claim for relief from damages caused, or wrongful conduct engaged in, by the defendant. P. 4) which the plaintiff is then required to serve on the defendant. 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. The Magisterial District Judge used to be called a District Justice and before that a Justice of the Peace. Prepare to show the mediator the evidence that supports your claim. You may be advised to file a complaint with the Pennsylvania Human Relations Commission (PHRC). You dont want your case to be dismissed because you filed it in the wrong court. Since there are 60 different judicial districts of the Court of Common Pleas, the plaintiff must learn and apply the appropriate rules of venue before filing the lawsuit. It is important not to interrupt the Magisterial District Judge or a witness unless you are making a legal objection to the testimony being presented. It is fortunate that it is so easy to identify a criminal case, since that allows a quick determination of whether a case is civil. Once the complaint is completed, you must file it at the correct Magisterial District Court office. Once the matter is filed, the plaintiff must notify the defendants by having them served with copies of the papers. The clerk will file-stamp your original and copy and give a copy back to you for your records. 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. You will have to defend yourself against any claim made in a countersuit. After discovery is complete, a hearing or trial will be set and both sides will present their case to a judge, jury, or private arbitrator. The fee to file the lawsuit depends on the amount you claim is owed. You may download the writ from our forms library. Complaints are often settled through mediation, arbitration and/or negotiated settlements. When serving via the County Sheriff, the Clerks Office and/or the Court will take care of making the arrangements. Yes. Filings may be submitted by mail or hand delivered to the Court at: United States District Court Eastern District of Pennsylvania U.S. If you are filing a countersuit, also known as a cross-complaint, to a lawsuit filed against you, there is no filing fee, but you may have to pay other state mandated fees and the cost to have the countersuit served on the other party. This is actually easier since the complaint form can be completed and submitted online. Keep reading to learn the basic steps of filing a lawsuit and get started today! A self-represented party needs to understand and be able to follow both state rules and local Rules of Court. 1 Resolve your issue without court intervention. It lays out the facts and reasons that support the plaintiffs claim against the defendant. However, keep in mind that this can backfire if someone on the jury doesnt like you. This article has been viewed 339,145 times. It also states the compensation or relief sought by the plaintiff and why they are entitled to it. Small claims court: small claims courts will usually hear claims that involve a certain amount of money - usually up to $2,500 - $5,000. from U.C. In many states, the civil action does not begin until the summons and complaint is served to the other party. Some examples of common claims for relief in Pennsylvania are: Once the elements of a claim are known, they need to be written up in a complaint in the proper format. You should obtain and serve subpoenas as soon as possible after you file your Civil Complaint to be sure that the witnesses get them in time for the hearing. Arguing with or badgering a witness (even an opposing witness) looks bad to the jury, and could get you in trouble with the judge. Counsel must upload a Civil Cover Sheet together with the initial filing when filing a new case. The appeal must be filed within 30 days of the decision. Once the elements of a claim are known, they need to be written up in a complaint in the proper format. Thanks to all authors for creating a page that has been read 339,145 times. Keep in mind that you do not need to try and prove your allegations in the complaint. 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. 100% Home Courts Commonwealth Court Copy and Fee Requirements Copy and Fee Requirements The copy and fee requirements schedule has been revised as of Oct. 31, 2017. If not, you mayuse the IFP form attached to this pamphlet. The rules and procedures in the Court of Common Pleas are more formal than those in the Magisterial District Court, so consider hiring an attorney to assist with the case. and an M.F.A in creative writing and enjoys writing legal blogs and articles. A civil complaint is a legal document that initiates a lawsuit and informs the person being sued of the claims against them. We write helpful content to answer your questions from our expert network. If the Sheriff offers personal service, there may be a fee. 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. What is a civil complaint? Any amended complaint must identify all defendants in the caption of the amended complaint in addition to identifying them in the body of the amended complaint and shall state the basis for Frazier's claims against each defendant. The clerk of court schedules a hearing date for the case, usually some 12 to 60 days from the date of filing. 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. The paper you file to start the case is a Civil Complaint (a copy of the Civil Complaint form with instructions is included in this pamphlet so you can see what it looks like and detailed information you will have to put in the form when you file it with the Magisterial District Judge). Great job! This includes submitting exhibits and interviewing witnesses. For example, in a breach of contract lawsuit, you must have enough evidence to prove that there was a valid contract. If the case is for an amount over $12,000, suits are filed in the court of common pleas, and legal counsel is a good idea. 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. Filing Costs for Civil Actions The M.D.J. 2001 - 2023, Pro Bono Net, All Rights Reserved. Who can serve a summons and complaint, and whether or not services such as certified mail can be used, are defined by the state. Prayer for Relief, where the plaintiff asks the court to award a specific remedy, such as economic or non-economic damages. The forms do not try to address or cover all the different types of claims or defenses, or how specific facts might affect a particular claim or defense. You also must pay the cost to have the lawsuit served on the defendant and may have to pay other state mandated fees as well. If the Magisterial District Judge grants a money judgment, you are not paid and the other party has not filed an appeal, you can go to the Magisterial District Judge after thirty (30) days and request an Order of Execution. The majority of cases, including personal injury cases, landlord-tenant cases, breach of contract, divorce, and probate matters, a state law claims. Keep in mind that you cannot state your own opinions in an opening statement, and if you do so you could be reprimanded by the judge. By using our site, you agree to our. To get comfortable with questioning witnesses, you can meet with them to practice beforehand. If you file your claim in federal court, you will always file in the district court.. Be sure to do your research or speak with a civil lawsuit attorney if you are overwhelmed at any point during the proceedings of a civil action or before you begin one at all. Others apply only to specific types of cases. 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. The constable or sheriff's deputy will then list nonexempt personal property to sell to pay the judgment. By signing up you are agreeing to receive emails according to our privacy policy. For more information on appealing a court order, visit WikiHows guide on Appealing a Court Order. 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. You are only alleging what happened. Examples Only . Personal service may or may not be offered by your County Sheriffs Department. What evidence you can present: The courts of appeals do not look at any new evidence that may have been discovered after the case was decided (either by the judge or the jury). 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. The filing fee is $173.25. If you have any questions about what you should include in your Complaint, please seek the advice of an attorney.) To file a lawsuit, hire an attorney with at least 3 years of experience and good reviews online. Most attorneys offer free consultations, so you can interview as many as you want until you find a good fit. A Civil Category Sheet - (Attachment 3) 3. A witness can only testify to what he or she actually saw, not what someone else said they saw. File your documents with the clerk of court. Your state may require personal service of the initial Complaint: if personal service is required, you will need to have the County Sheriff or a process server serve the defendant. The plaintiff is required to notify the defendant about the case and the hearing date. The plaintiff (the person bringing the lawsuit) starts the case by filling out a form called a complaint, on which you must specify the name and address of the person or business being sued, the amount of money being sued for, and the reason for the claim. Imagine that a case is to be filed in the Pennsylvania Court of Common Pleas, the general trial courts of the state. You should consult an attorney about appealing. For example, if you need witnesses, were any present, and will they be able to testify at trial? We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. A summons is a legal document notifying the defendant that a civil case has been filed against him or her. The smallest cases are heard in the Pennsylvania Minor Courts, presided over by magisterial district and municipal court judges. One copy will be for your records and the other copy will be for the defendant. Venue, on the other hand, is a different matter. 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. In a family law action, these parties are sometimes referred to as the petitioner (bringing a petition) and the respondent (responding to the petition.). The other party and his or her witnesses will testify after your side of the case has been presented. 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. Most complaints in Pennsylvania have the following format: A 'Case Caption' with basic information about the case. wikiHow is where trusted research and expert knowledge come together. There are 10 references cited in this article, which can be found at the bottom of the page. What is a civil lawsuit? Complaint forms are available at each Magisterial District Judge's office. This turns on the rules about what types of cases each court can hear, as described above. In that case, they can likely allege that the city had a duty to keep the sidewalks in good condition, they failed to perform that duty, and as a direct result of that failure, the plaintiff was injured. ), and. Fill out a Complaint form. Yes, you can bring any documents that help prove your case. PALawHelp.org is a project of the Pennsylvania Legal Aid Network and the Legal Services Corporation. You also must pay the cost to have the lawsuit served on the defendant and may have to pay other state mandated fees as well. Even if someone has wronged you, it may be better to try and work it out with them before filing a lawsuit. While both options are possible, most people who are not represented by an attorney will do better in Magisterial District Court. For example, a plaintiff suing for damages resulting from an automobile accident can sue where the accident occurred. 4. 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. 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. Have CPS served with the complaint. To do this, it is necessary to write out a complaint a series of numbered paragraphs setting out the claim rather than just filling out a form. The more information you provide, the better we can help you. wikiHow marks an article as reader-approved once it receives enough positive feedback. The Magisterial District Judge will not give you a chance to go home and get any documents you forget to bring to the hearing. If you want to recover money from someone, you should file a lawsuit against them in civil court. In your opening statement, you should give an overview of what your case is about and what your evidence will prove. Some of the forms, such as the form for a generic complaint, apply to different types of cases. Courthouse 601 Market Street, Room 2609 Settling is easier than trial: as someone representing yourself, going all the way through the trial can be stressful due to the complex and unfamiliar nature of the legal system, settling will save you from having to navigate all the way through a trial on your own. While it is possible to mail the complaint to the court, it's better to submit it in person so the clerk can make sure it is entirely filled out and ready to file. There are 60 judicial districts, and most follow county boundaries. Once the complaint has been filed, it will need to be served on the defendant. There are four ways for you to file your legal documents with the Court: (1) by using the Court's Electronic Document Submission ("EDS") system; (2) by mail; (3) by placing them in the dropbox in the courthouse lobbies, which are accessible 24 hours a day; and (4) in person with the Clerk's Office during the hours the courthouses are open to the. Creating papers isn't the most straightforward process, especially for people who almost never deal with legal papers. Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote. Corporations can also be sued in the district where they are incorporated or where their principal place of business is located. 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. Each specific aspect of a claim for relief (sometimes called a cause of action) is known as an element of a claim. However, if money is no object, you may want to consider a lawsuit anyway in order to get validation that your opponent was wrong. 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. The same rules apply to the defendant. A civil lawsuit is a court-based process through which one person or entity (the plaintiff) can seek to hold another person or entity (the defendant) liable for some type of wrong, whether its negligence, product liability, professional malpractice, breach of contract, among many others. If a plaintiff has limited financial means, they may be able to qualify for a fee waiver/deferral and can ask the court clerk for a fee waiver application. The decision date is either the day of the hearing or, if it is a written decision, the date of the written decision. If youve ever been sued in a civil action, then youre probably aware of how a civil lawsuit works. The party that files the action is termed the plaintiff, and those being sued are called the defendants. Box 60173, Philadelphia, PA 19102 A plaintiff can opt to file a small claim in the Court of Common Pleas. Therefore, an appeals court will usually only overturn the decision of a lower court if the lower court made a significant error of law.What a significant error of law is will be completely different depending on each particular case. The purpose of statutes of limitations is to make sure that cases are brought in a timely matter, before witnesses die or move, and while the evidence is still available. Maybe. Example: The defendant testifies that they arrested your father fifteen years ago for drunk driving. That is not relevant to the eviction proceeding. Any individual unsure of the statute of limitations for their particular case should contact an attorney. For example: My landlord, Mr. Smith, failed to return my security deposit to me after I moved.. The most common objections are relevancy and hearsay. The Magisterial District Judge cannot consider written statements from people who do not come to the hearing to testify if the other party objects. Similarly, if you are involved in a car accident with someone, but you were not injured and your car was not damaged, you will not have a valid claim because you do not have any damages, even if you know that the accident was not your fault. Other common civil lawsuits include breach of contract, product liability, divorce and family law, property disputes, and housing disputes. Choosing a selection results in a full page refresh. Save my name, email, and website in this browser for the next time I comment. A plaintiff needs to research the individual elements of any and all claims they wish to bring against a defendant and make sure they properly allege facts that, if proven, will satisfy each element of their claim (the best place to research elements of specific claims is your local law library). Civil Complaint. Call the County Clerk or the Sheriffs Office to determine if process service is offered, and what the fee is. You will need one copy of the civil complaint with original signature for the magisterial district judge. And it is quite easy to distinguish between them. To learn more from our Civil Litigator co-author, like how you can settle your case before going to trial, keep reading the article! To find an attorney near you, consider talking to friends and family members who have used an attorney before. If not, the Magisterial District Judge must decide within five days and send a copy of the decision to each party. Some types of civil cases like divorce can be heard before quasi-judicial officers, such as hearing masters or conference officers. Don't even consider filing a civil case in Pennsylvania without getting a basic knowledge of the statute of limitations restrictions. Notify me via e-mail if anyone answers my comment. Only cross-examine the opposing witnesses if you can get evidence from them that supports your version of events or discredits their trustworthiness as a witness. Unlike an opening statement, which can be written well in advance of the trial, a closing argument will be based on the events of the trial, so to prepare an effective closing argument, make sure that you take notes throughout the trial. A civil complaint will be thrown out of court if the defendant points out to the judge that the statute has run. Navigating the Legal Aspects of Dog Bite Incidents, Zoe Federman Joins Raipher, P.C. If you request it in the subpoena, the witness can also be required to bring documents needed to prove your case. If that is the case, you may not want to file a lawsuit, especially if the other person is not likely to sue you anyway. In many states, it is required that the parties involved go through at least some form of dispute resolution. Its also important to be aware of any time limits for serving papers after filing the complaint. This is a general overview of how to file a lawsuit in Pennsylvania. 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. You may either: Print and mail the completed complaint and consent forms to: AO 240. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at www.civilrights.justice.gov or by calling (800) 253-3931. finding out as much as you can about your adversary without speaking to them, or contacting your adversary without your attorneys help to ask questions. To appeal a judgment for possession, it must be filed within 10 days of the decision. Be aware of your jurisdictions requirements for serving papers; they can be very specific. Personal injury lawsuits such as those stemming from car accidents, medical malpractice, or slip and fall incidents are a one type of civil suit. If you think that you could be a Victim of Crime, help is available. All filings must comply with the requirements of Pa. R.A.P. Last Updated: May 6, 2021 The Magisterial District Judge must make a decision within five days of your filing the request. 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. Therefore, if you have signed a contract that has a mandatory Alternative Dispute Resolution clause, you will not be able to bring a lawsuit. Whether your opponent has a convincing story: you should consider whether or not your opponent has a convincing story that conflicts with yours. The IFP form requests information about your family size, income and expenses. Notice of Lawsuit, Summons, Subpoena. Lawsuitforms.org cannot provide you with any legal guidance regarding your particular case. Without proving the existence of a contract, you cannot show that there was a breach.. Start your lawsuit today! File the complaint. (A counterclaim to a Civil Complaint must be filed at least 5 days before the hearing.) File the complaint with state and civil cover sheets. Included on this page are forms for filing civil complaints, private criminal complaints and notices of settlement when cases are privately resolved. This differs from a criminal case, in which a prosecutor acts on behalf of the government. The detailed information was very helpful for a lay person such as myself. You also dont want to end up being the one sued or fined because you filed a complaint that lacks merit. Complaint. You will be charged filing costs and service costs when the complaint is filed at the district court. TOTAL$ $ $ $ $ AMOUNTDATE PAID DEFENDANT:V. NAME and ADDRESS Docket No: Case Filed: Pa.R.Civ.P.M.D.J.
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