You can ask a state court to make a decision on a legal dispute through a petition.The other side is referred to as the "respondent".The person could be a business person or several people.If you want the judge to order the other person to do something in your case, you should explain your dispute in the petition.The clerk of the court that you want to hear your case is the one you take the completed document and any other required court forms to.You can begin to prepare for your hearing.
Step 1: Decide what court you want to use.
Most of the time, you'll use the county court where you live.Courts of general jurisdiction allow them to hear almost any legal dispute.If the Respondent lives far away, you may have to file your petition in a court closer to them.If your dispute is based on a written contract, you may be able to specify which court you want to use.There are courts that have limited jurisdiction.If you want to file lawsuits for money, your county may have a small-claims court.These courts only hear disputes about a small amount of money.They can't hear cases where you want the court to order someone else to do something other than pay you money.
Step 2: You want to bring the dispute to the court.
Before you can file a petition in court, you need to know who you're suing and what it's about.Whoever is responsible for your issue is usually who you're suing.It could be a group of people or a business.If you're going to file a lawsuit, you need to know the correct legal name and address of the business.You can find this information on the website of your state's secretary of state.If you're suing an individual, you need to know their full legal name and place of residence.
Step 3: You can find the correct form for the petition you want to file.
Many types of cases can be found in most courts.You can call the clerk's office of the court where you plan to file your petition to find the forms.Legal aid societies and self-help clinics have forms that you can use.The clerk may be willing to give you copies of petitions filed in similar cases if your court doesn't have any forms available.They can be used as a guide to set up your format.
Step 4: All you have to do is fill out the forms.
Before you give information, read through the forms to make sure you understand what's being asked.If you need to fill out your forms with documents related to your dispute, make sure you have those at hand.You can type your answers on the computer.Write neatly in blue or black ink if you're filling out paper forms.You can attach documents to your petition.A copy of the contract is an exhibit to the petition.For each section of the form, provide complete and accurate information.If you don't know what's going on, wait until you find out and fill out your forms.The judge expects all of the information in your petition to be correct if you want to get what you're after.
Step 5: Put your signatures on your forms.
Before you sign the forms, make sure you print them out.You can use a blue or black ink pen.After your signature, write in the date.Print your name under the signature line if it isn't typed on the form.If you are representing yourself, courts often require you to "verify" your petition.You have to sign your petition in the presence of a Notary.There is a valid photo ID with you.Before you sign your petition, the notary will verify your identity.They can't offer legal advice or review the contents of your petition.
Step 6: Make copies of your forms.
You must bring at least 2 copies of every form you submit to the court.There are two copies for you and one for the other.You'll need a copy for each of them if you've named more than one.
Step 7: The clerk's office can be reached before you bring in your petition.
You will have to pay a filing fee when you file your petition.Depending on the petition you're filing, the fee varies.Different courts accept different payment methods.A cover sheet is one of the additional forms you need to submit along with your petition.When you file your petition, you can fill out the forms at the clerk's office.You may be able to download them from the court's website and fill them out in advance.
Step 8: Take your forms with you to the clerk's office.
Carry your originals and photocopies in a folder or envelope so that they don't get damaged.You will have to go through security when you get to the courthouse.If you don't know where the clerk's office is, you can ask one of the security guards.If you don't want to wait, go in the morning after the courts finish their morning sessions.The clerks' offices are usually the quietest.They can be backed up in the afternoon.You can file online in some courts.You can be certain that you've submitted the correct forms if you take the paper documents in person and file them the old-fashioned way.Since you'll be using the clerk's office later, it is a good idea toFamiliarize yourself with the courthouse.
Step 9: You can pay the filing fee or apply for a waiver.
The clerk will ask for payment of your filing fee before they file your petition.Make sure you have the correct amount.The clerk will give you a receipt for your payment, stamp all of your documents "filed", and give the 2 sets of photocopies back to you.A case number will be assigned to your petition by the clerk.All documents you file with the court, write this case number on them.You can apply for a fee Waiver if you can't afford the filing fee.If you have a low income or are receiving government benefits, a fee waiver may be granted.The application will be given to you by the clerk.
Step 10: Serve.
The law requires the other party to know that you've filed a petition against them.To give this notice, you have to deliver the petition in a certain way.Typically, you'll get a sheriff's deputy or a private process serving company to take the court documents to the other party.If you've been granted a fee waiver, you don't have to pay for a sheriff's deputy to serve the court papers.You'll have to pay an additional fee if you don't.The fee is usually less than $100.The person who served the documents will give you a certificate of service.If it hasn't already been filed, take it to the clerk's office.
Step 11: Wait for a response from the other person.
The court has a limited amount of time to respond to your petition.The deadline is often less than 30 days.You can ask the court for a default judgment if the Respondent fails to respond.Even if you're eligible for a default judgment, you may still have to prove some aspects of your case, such as how much money the Respondent owes you.The written answer to your petition will state whether or not the Respondent admits or denies any of the claims you made in the petition, as well as any possible defenses theRespondents thinks might apply to them.If the respondents deny one of your claims, this doesn't necessarily mean they're lying.They are forcing you to prove it in court.The defense that the respondents end up not using in court may be listed.If they want to use them at the final hearing, listing them in their answer preserves them.
Step 12: The discovery process can be used to get documents.
Legal proceedings can be used to get information about the dispute from the other side.The same proceedings can be used to get information from you.Both sides will have the same information by the end of this process.Interrogatories are written questions about the dispute from the other side.The number of interrogatories you can ask may be limited.The questions must be answered in writing.There are requests for production related to the dispute.Interrogatories may be limited and must be answered before a deadline.Interviews with witnesses or the other side of the dispute are deposits.These interviews are conducted under oath in the presence of a court reporter who can provide a written transcript that you can use in court.
Step 13: You can read the law on your issue.
Even though you aren't a lawyer, you are expected to know the rules of the court when you represent yourself.You can at least learn the basics if you don't have time to study the law or memorize the court rules.There are documents and information on the court's website.Legal aid and self-help websites can help you understand court rules.The courthouse has a public law library.Tell the library what type of petition you've filed and if you want to read cases that might affect your dispute.You can find court decisions in the library.
Step 14: Go to any of the hearings.
The judge may not schedule a lot of pre- trial hearings if you have a relatively simple dispute.You'll probably have at least one.You're still expected to follow basic court rules despite the pre- trial hearings being less formal.The judge can hold you in contempt if you don't attend a hearing.The judge could dismiss your petition depending on the reason for the hearing.If you don't show up for the hearing, the judge may grant the Respondent's motion to dismiss.It's a lot of hassle and expense if you have to refile your petition.If you can't attend a pre- trial hearing, contact the clerk and the Respondent as soon as possible to try to get it changed.
Step 15: An attorney can help with the issues in your case.
Even if you don't want to represent yourself, an attorney can still give you some advice on how to handle your case.There is a free initial consultation provided by most civil attorneys.The attorney will likely ask you questions before the consultation.Don't forget anything at the meeting if you write down the questions you want to ask the attorney.All the documents that relate to your case should be brought with you to the meeting.If the judge schedules numerous hearings or litigation before the final hearing gets too complex, you might consider hiring an attorney to help you keep track of everything.Many states allow you to hire an attorney who only helps you on certain parts of your case, while you represent yourself.You can hire an attorney to conduct discovery.Unbundling of services is what it is called.
Step 16: If mediation is required, try it.
People can resolve their disputes on their own, rather than having the judge do it.A neutral third-party works with you and the other party to find a compromise.mediation is required by some courts before they schedule your final hearing.That doesn't mean you have to settle your case.It's just a matter of making a good-faith effort.The mediation will write a letter for you to file with the court if you can't reach an agreement.The mediator will draw up an agreement for each of you to sign if you are able to resolve your differences through mediation.The judge may have to sign off on this agreement if there is a dispute.If you have a child custody dispute, the judge will usually approve your agreement and make an order of the court.
Step 17: You should visit the courtroom before your hearing.
If you've never been to a court hearing before, watching other hearings will give you a better idea of what to expect.Take notes on your observations with a notepad and pen.Pay attention to what the people in the courtroom do and how they interact with each other instead of focusing on the case being argued.Write the rules down so you can read them later.People in the courtroom interact with the judge.Take note of what happened if the judge gets upset about something.
Step 18: All documents in your case should be brought with you.
You can find what you need without a lot of delay if you organize your documents.Make an outline of the case you want to present and arrange your documents in that order.The judge and the Respondent will each have a copy to look at if you make at least 2 photocopies of every document you plan to present.
Step 19: Arrive at the courthouse 30 minutes early.
Give yourself time to park and get through the security at the courthouse.Tell the clerk's office that you're going for your final hearing.They will tell you where your courtroom is when you tell them the name of your case.You don't want to bring a pocket knife with you.You may not be able to get them back.If you have a mobile phone with you, make sure it's turned off or silent.
Step 20: If your case is called, sit in the gallery of the courtroom.
The judge may have hearings in several cases on the same day.There are seats in the gallery of the courtroom.When the court starts, a court officer will come in and tell everyone to rise for the judge.The cases may be called before the start of the day.The judge can see who is ready for their hearing and estimate how long it will take.They'll usually take care of the shortest hearings first.Stand and say "Ready, your honor" when your case is called.
Step 21: When your case is called, move to the front of the courtroom.
The name of your case will be called out by the court officer when the judge is ready to start.Stand in place and then move to the tables in front of the courtroom.You can ask the court officer where to go.Set out your documents so you can present your case at the table.
Step 22: Your case should be presented to the judge.
The judge will listen to you first.You will usually summarize your understanding of the case and what you want the court to do.You can call witnesses to support your understanding.The judge can hear and understand you if you speak slowly and clearly.Whenever possible, use the microphones in the courtroom.The court reporter is aided by this.Your statements should only be addressed to the judge or witnesses.Don't argue with the respondents even if they interrupt or try to engage you.The respondents will be able to ask the witnesses questions if you call them.It's called "cross-examination."You may be able to ask the witness questions again after they've finished.This is referred to as "redirect."If the Respondent asked something that placed one of your witness's earlier statements in doubt, you could ask your witnesses questions to re-establish the truth of the earlier statement.The judge can ask you questions at any time.If this happens, stop talking and answer the judge's questions.Do not speak until the judge tells you that you can.
Step 23: Listen to the other person's arguments.
After you've presented your case, the other party has an opportunity to tell their side of the story.They will summarize their arguments, then present evidence or possibly call witnesses to support their statements.If the person you are talking to says something you don't agree with, write it down.You can mention this later.Don't interrupt them.You will have the chance to question witnesses.If you hear anything you want to press the witnesses on further, take notes.
Step 24: Pay attention to the decision of the judge.
They will tell you the decision after the judge has heard from you and the other person.Take notes so that you remember what they said.The judge will let you know if you are responsible for writing up the order.It will be up to you to draw up the order if the judge rules in your favor.If you are representing yourself, some judges have a member of their staff draw up the order.It is possible for you to appeal the judge's decision.You have less than 30 days to do it.An extensive understanding of the law is required for appeals court rules.If you want to appeal, talk to an attorney as soon as possible.