a.) Commence a ‘Civil Action’ by filing a ‘Complaint’, then serve a Summons to each Defendant:

     The page is continued from Civil Rights Self-Help >>>> 2.) Provide Notice, then file a Claim: >>>> The Civil Proceedings:

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     To begin a civil lawsuit in federal court (click each title to open up a separate page which includes step-by-step instructions and the appropriate form):

  1. File a ‘Complaint’ with the Court, and have the Clerk stamp your ‘Summons” formscomplaint describes the plaintiff’s damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief.  A plaintiff may seek money to compensate for the damages, or may ask the court to order the defendant to stop the conduct that is causing the harm.  The court may also order other types of relief, such as a declaration of the legal rights of the plaintiff in a particular situation. [1]
  2. Serve a ‘Notice of Lawsuit and Request to Waive Service of Summons’ to the Defendantthis step allows the Defendant to save money via giving them the option to waive service of summons.  Instead, they simply let you know they are aware of the suit and intend to show up.
  3. If Defendant does not return ‘Waiver’, Serve them the ‘Summons’

burden of pleading a party’s duty to plead a matter in order for that matter to be heard in a lawsuit. — aka
burden of allegation
.

    The plaintiff‘s initial pleading is usually a complaint, but a petition could be filed instead (Fed. Rules. Civ. Proc. Rule 3).

civil complaint the initial pleading that commences a civil action, stating the basis for the court’s jurisdiction, the basis for the plaintiff’s claim, and the specified demand(s) for relief.

What is a Civil Action?

     Although an “action” can refer to a civil or criminal judicial proceeding, today it generally refers to a civil action.  Although historically there were 11 common-law forms of action, in today’s U.S. courts they have been simplified into “one form of action— the civil action.” [1]

form of action:
(17c.)

1. The Common-law legal and procedural device associated with a particular writ, each of which had specific forms of process, pleading, trial, and judgment. [2]

     Excerpt from  Handbook of Common-Law Pleading” by Benjamin J. Shipman:

    “Forms of action are usually regarded as different method of procedure adapted to cases of different kinds, but in fact the choice between forms of action is primarily a choice between different theories of substantive liability, and the scope of the actions measures the existence and the extent of the liability at common law…. The development and extension of the different forms of action is the history of the recognition of rights and liability in the law of the torts, contracts, and property, and the essentials of rights of action.” [3]

Related Terms:

cause of action a group of operative facts giving rise to one or more bases for suing (obtaining a remedy in court from another person).

suit a broader term than “action” for a judicial proceeding of a civil kind, in pursuit of a legal or equitable remedy — aka lawsuit; suit at law

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References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: United States Courts, Federal Rules of Civil Procedure (2017):  www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure

[2]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner.  ISBN: 978-0-314-62130-6

[3]: Edwin E. Bryant’s The Law of Pleading Under the Codes of Civil Procedure 106 (2nd Ed. 1899) ISBN: 9781330614815

Special thanks to Quotesta for preserving the above quote by Bill Gates that we’re utilizing in accordance with Fair Use.