Download Article

Download Article

Through a petition, you ask a land court to brand a decision for you regarding a legal dispute you have. You and so get the "petitioner," while the other side is referred to as the "respondent." The respondent could be another person, several people, or a business organisation. In your petition, y'all explain your dispute to the guess and describe what you want the approximate to practice — oft to honor y'all money, but in some cases to social club the other person to exercise something. To file your petition with the court, y'all accept the completed document and any other required court forms to the clerk of the court that you want to hear your instance. And so you lot can beginning preparing for your hearing.[i]

  1. ane

    Decide what court you need to use. For near cases, you'll likely use the county court in the county where yous alive. These are normally courts of "general jurisdiction," which means they can hear cases most nearly any legal dispute.[2]

    • If the respondent lives far away, you may have to file your petition in a courtroom closer to them. Besides, if your dispute is based on a written contract, the contract itself may specify which court you have to use.
    • Some courts have limited jurisdiction. For example, your canton likely has a small-claims court where you tin file lawsuits for money. These courts only hear disputes concerning a smaller amount of money — typically only a few thou dollars at almost. They can't hear cases where you want the court to order the respondent to do anything other than pay you money.

  2. 2

    Gather information about the dispute yous want to bring before the courtroom. Before yous can file a petition in court, you need to know who you lot're suing and what you're suing about. Typically, the person you're suing is whoever is responsible for your issue. It could be an individual person, several people, or a concern.[3]

    • If y'all're suing a business, y'all need to know that business'due south right legal proper name and the accost they use for service. You can find this information in your state's concern database, typically on the website for your state's secretary of state.
    • Likewise, if y'all're suing an individual, you need to know their full legal proper name and place of residence.

    Advertisement

  3. three

    Find the correct class for the type of petition you want to file. Nearly courts take forms available for many common types of cases. You can typically find these forms on the courtroom's website or by calling the clerk'southward office of the court where you program to file your petition.[4]

    • Apart from the court itself, legal aid societies and self-help clinics also typically take forms you can use.
    • If your court happens not to have any forms available, the clerk might be willing to give yous copies of some petitions filed in similar cases. You can utilize those every bit a guide to set upwards your format.

  4. 4

    Fill out your forms completely. Read through the forms before you lot start providing information then you can brand sure you understand what is being asked in each section of the forms. If you have documents related to your dispute that you demand to fill out your forms, make sure you have those close at manus. Typically, you can type your answers on a computer. If you're filling out newspaper forms, write neatly in blueish or blackness ink.[5]

    • Typically, yous can attach related documents to your petition as an exhibit. For case, if you're filing a petition related to a contract, a copy of the contract would be an exhibit to your petition.
    • Provide complete and accurate information for each section of the form. If you don't know something exactly, wait until yous observe out to continue filling out your forms rather than guessing. The judge expects all of the data in your petition to be correct or you will not get what y'all're after, even if y'all prove all other aspects of your case.

    Tip: Avoid leaving any blanks on your forms. If something doesn't apply to you or your case, write "n/a." If the reply to a question is "none," write that in the blank. Write "cocky-represented" in whatever blanks meant for an attorney's proper noun or signature.

  5. 5

    Print and sign your forms. Impress out forms you've typed upward on the figurer before signing them. Use a blue or black ink pen for your signature. Write in the date after your signature.[6]

    • If your name is not typed on the form, print information technology neatly under the signature line.
    • Many courts require you lot to "verify" your petition if yous are representing yourself. This just ways that yous take to sign your petition in the presence of a notary. Take a valid, authorities-issued photo ID with you. The notary will verify your identity before you lot sign your petition. They will not review the contents of your petition and cannot comment on its legality or offer whatever legal advice.

    Advertising

  1. one

    Brand photocopies of your signed forms. Most courts require you to bring at least two photocopies of every form you file with the court. 1 copy is for you and the other copy is for the respondent.[7]

    • If you've named more than than one respondent, y'all'll demand a copy for each of them.

  2. 2

    Contact the clerk's office before you bring in your petition. When you lot file your petition, you'll demand to pay a filing fee. The amount of this fee varies depending on the type of petition you're filing and the court you're filing it in. Unlike courts also take unlike methods of payment.[8]

    • Individual courts also may accept additional forms you lot need to submit along with your petition, such as a embrace sheet. You can ordinarily pick these forms upward at the clerk'southward function and fill them out when y'all become to file your petition. Yet, you may as well exist able to download them from the court's website and fill them out in advance.

    Tip: While you can typically find most of this data on the court's website, information technology's even so a skilful idea to call. Policies may have changed without the website being updated.

  3. 3

    Take your forms and copies to the clerk's office. Organize your originals and photocopies and comport them in a folder or envelope so they don't get damaged. When you get to the courthouse, you'll have to go through security. If you don't know where the clerk'southward function is, you can inquire one of the security guards.[9]

    • If you don't want to wait, go in the morning simply after courts get-go their morning time sessions — typically around 9:30. This is when clerks' offices are typically the to the lowest degree busy. They can go backed upwardly in the afternoon.
    • Some courts accept electronic filing systems that let you to file online. However, if yous take the paper documents in person and filing them the quondam-fashioned way, you can exist sure that y'all've submitted all the correct forms. It'due south also a good idea to familiarize yourself with the courthouse and the clerk's office since you'll be using them both after.

  4. 4

    Pay your filing fee or apply for a waiver. Before the clerk files your petition, they'll ask for payment of your filing fee. Brand sure you take the exact amount. The clerk will give you a receipt for your payment, stamp all of your documents "filed," and hand the 2 sets of photocopies dorsum to you. The clerk will as well assign a case number to your petition. Write this case number on all documents y'all file with the court.[10]

    • If you lot tin can't afford the filing fee, you can use for a fee waiver. Typically, a fee waiver will be granted if y'all have a low income or are currently receiving government benefits. The clerk will give you an application to fill up out.

    Tip: If y'all're applying for a fee waiver, bring documents with y'all to show your income, such as a paystub, and benefit honour letters for any regime benefits you lot receive.

  5. 5

    Serve the respondent with the petition. The law requires the respondent to accept notice that you've filed a petition against them. To provide this notice, you have to deliver the petition to them in a item manner known as "service of process." Typically, y'all'll get a sheriff's deputy or a private process serving company to take the court documents to the respondent in person.[11]

    • If y'all've been granted a fee waiver, you lot typically don't have to pay for a sheriff'south deputy to serve the courtroom papers. Otherwise, you'll have to pay an additional fee for service. The fee varies greatly but is typically less than $100.
    • Subsequently the documents are served, you'll get a certificate of service from the person who served the documents. Make sure you take this dorsum to the clerk's office and file it if it hasn't already been filed.

  6. six

    Look for a response from the respondent. From the date the respondent receives your petition, they have a express time to file a response with the court. The borderline varies among courts but is typically less than xxx days. If the respondent fails to answer, you may be able to ask the court for a default judgment.[12]

    • Even if you're eligible for a default judgment, yous may still have to prove some aspects of your instance, such equally how much coin the respondent owes you.
    • The respondent's written respond to your petition will country whether the respondent admits or denies each of the claims y'all made in your petition, as well as list any possible defenses the respondent thinks might apply to them.
    • If the respondent denies one of your claims, this doesn't necessarily hateful that they're challenge information technology isn't true. Rather, they're forcing you to bear witness information technology in court. Similarly, the respondent may list defenses that they actually end upwardly non using in court. Listing them in their respond merely preserves them so that they can use them at the final hearing if they want to.

    Advertizing

  1. 1

    Utilize the discovery process to gain documents and information. In one case your petition has been filed and the respondent has filed an respond, you tin utilize legal proceedings to get information about the dispute from the respondent. They can use the aforementioned proceedings to get information from you. Past the end of this process, both sides volition take the same information. Basic discovery methods include:[xiii]

    • Interrogatories: Written questions about the dispute from the other side. Some courts may limit the number of interrogatories yous tin ask. These questions must be answered in writing under oath before a specified deadline.
    • Requests for Production: Written requests for the other side to produce documents related to the dispute. Like interrogatories, they may be limited and must be answered before a specified deadline.
    • Depositions: Interviews with the other side of the dispute or with witnesses. These interviews are conducted under oath in the presence of a courtroom reporter who provides a written transcript that you tin can employ equally prove in courtroom.

  2. 2

    Read the law that applies to your consequence. When y'all represent yourself, you are expected to know the laws and the rules of the court just as whatsoever lawyer would — despite the fact that you lot're not a lawyer. While you likely won't accept time to written report the law in particular and memorize all the court rules, you tin at least familiarize yourself with the nuts.[14]

    • The court'southward website likely has documents and information that tin help you. Legal aid and self-aid websites too have resources that can help you meliorate sympathize court rules.
    • Get to the public law library in the courthouse. Tell the librarian what type of petition you've filed and that yous want to read cases that might impact your dispute. The librarian will be able to find some court decisions for you lot to read.

  3. 3

    Get to any hearings scheduled by the guess. If you have a relatively simple dispute, the judge may not schedule very many pre-trial hearings. Notwithstanding, it'southward probable you'll take at least i. Although these pre-trial hearings tend to be less formal than your trial (or concluding hearing), you're nevertheless expected to follow basic courtroom rules.[xv]

    • If you fail to attend a hearing, the estimate may hold you in contempt or make a ruling in the respondent'south favor. Depending on the reason for the hearing, at that place's besides a possibility that the judge could dismiss your petition.
    • For example, if the respondent files a move to dismiss your petition and yous don't testify up for the hearing, the judge may decide to grant the respondent's motion. While ofttimes yous can refile your petition, that's a lot of extra hassle and expense you could've avoided.
    • If a pre-trial hearing is scheduled that you can't nourish, contact the clerk and the respondent as soon as possible to see what you can do to become it rescheduled.

  4. four

    Consult an attorney well-nigh the issues in your instance. Even if y'all're committed to representing yourself, an chaser tin still offer you some advice on handling your case and bespeak out some bug that may ascend. Nearly civil attorneys provide a free initial consultation.[16]

    • Before you go to an initial consultation, the attorney volition likely enquire yous questions most your case. Write down a list of questions you want to ask the chaser, so you don't forget anything at the meeting. When you get to your meeting, bring all the documents that chronicle to your case along with your list of questions.
    • If the gauge schedules numerous hearings or the litigation before the final hearing gets too complex, y'all might consider hiring an attorney to aid you keep rails of everything. In many states, you can rent an attorney who only helps you on specific parts of your case, while you represent yourself in everything else. For example, you could hire an attorney just to bear discovery. This is called "unbundling" of services.

  5. 5

    Attempt arbitration if required by the court. Most courts adopt for people to resolve their disputes on their own rather than depending on the judge to exercise it. With arbitration, a neutral third-party works with you and the respondent to find a compromise you lot tin can both agree with.[17]

    • Some courts crave you to at least attempt arbitration before they'll schedule your concluding hearing. Notwithstanding, that doesn't hateful that yous're required to settle your instance. Y'all just have to brand a good-faith effort. If you can't come to an agreement, the mediator will write a alphabetic character for you to file with the courtroom.
    • If you lot are able to settle your differences through arbitration, the mediator will draw upwardly an agreement for each of you to sign. Depending on the subject of your dispute, the judge may also have to sign off on this agreement. For example, if you have a child custody dispute, the judge typically has to approve your understanding and brand it an social club of the court.

    Advertizing

  1. 1

    Visit the courtroom before the date of your hearing. If you've never participated in a court hearing earlier, watching other hearings will assistance you become more familiar with courtroom procedures and the rules of court you're likely to see. Bring a notepad and pen with y'all to have notes on your observations.[eighteen]

    • Instead of focusing on the example existence argued, pay attention to what the people in the courtroom exercise and how they interact with each other. If any rules are mentioned, write them down so you can look them upwards later.
    • Observe how others in the courtroom interact with the estimate. If the judge ever gets upset most something, take annotation of what happened.

  2. 2

    Bring copies of all documents involved in your case. Organize your documents so you can find what you demand without a lot of delay. It helps to make an outline of the case you want to present, then adjust your documents in that lodge. Make at least 2 photocopies of every document you programme to present to the court so the judge and the respondent will each accept a re-create to wait at.[nineteen]

  3. three

    Make it at the courthouse at least xxx minutes early on. Accept account of traffic and give yourself time to park and get through security at the courthouse. Go to the clerk'south office and tell them that you're in that location for your final hearing. When you lot tell them the name of your case, they'll tell yous where your court is.[20]

    • Make sure you don't bring whatsoever prohibited items, such as a pocket knife, with you. They volition be confiscated at security and you lot may not get them dorsum. If you take your mobile phone or another electronic device with you, make sure it'due south turned off or ready to silent.

    Tip: Some courts accept specific dress codes. Still, generally, yous'll be fine if you dress as though you were going to a job interview or a religious service.

  4. 4

    Sit in the gallery of the courtroom until your example is called. Typically, the judge is having hearings in several cases on the same twenty-four hours. Take a seat anywhere in the gallery of the courtroom. Once court starts, a court officer volition come in and instruct everyone to rise for the judge.[21]

    • The judge may telephone call the cases on the schedule for the day earlier starting. This allows the gauge to see who is ready for their hearing and estimate how long those hearings will take. Typically, they'll take care of the shortest, most straightforward hearings first. When your case is called, stand up and say, "Set, your accolade."

  5. v

    Move to the front end of the courtroom when your example is called. When the judge is ready to start your hearing, either they or the courtroom officer will call out the proper noun of your case. Stand in place and then movement forward to the tables in front of the courtroom.[22]

    • The court officer volition help direct you where to become. Once you're at your table, set out your documents then yous're prepare to present your case.

  6. vi

    Nowadays your example to the judge. As the petitioner, the gauge volition hear from you kickoff. Typically, you lot will briefly summarize your understanding of the case and what you lot want the court to practice. And then, yous can present evidence or call witnesses to support your understanding.[23]

    • Speak slowly and conspicuously in a loud voice so that the judge can hear and understand you. If the courtroom has microphones, use them whenever you lot can. This likewise helps the court reporter.
    • Accost your statements but to the judge or to any witnesses you call. Don't talk to the respondent or argue with them, even if they interrupt or try to engage you.
    • If you call any witnesses, the respondent will as well be able to ask them questions. This is called "cross-test." After they've finished, you may take time to ask the witness questions once again. This is chosen "redirect." For example, if the respondent asked something that placed one of your witness'southward before statements in dubiety, you lot could ask your witness questions to re-establish the truth of the earlier argument.
    • The judge may interrupt y'all at whatever time to ask you questions. If this happens, cease talking immediately and answer the guess'south questions. Practice not go on with your previous statements until the guess tells you that yous may continue.

  7. 7

    Mind to the respondent'southward arguments. Subsequently you've had the opportunity to present your case, the respondent has the same opportunity to tell their side of the story. Similar you, they will summarize their arguments, then present evidence or potentially call witnesses to support their statements.[24]

    • If the respondent says anything that you believe is wrong, write information technology downwards. You may have an opportunity to mention this later on. Don't interrupt them or phone call out to them.
    • Y'all will have the opportunity to question whatsoever witnesses the respondent calls. Take notes while the respondent is questioning their witnesses if you hear anything you desire to press them on further.

  8. 8

    Pay attention to the judge's decision. After the approximate has heard from both you and the respondent, they volition tell you the decision they've made. Take notes so that you get down everything they've said. Y'all may exist responsible for writing up the society for the gauge to sign — the estimate will permit you know.[25]

    • Typically, if the judge rules in your favor, it will exist up to you to draw upwardly the order. Nevertheless, some judges have a member of their staff draw up the order instead if you are representing yourself.
    • If the judge rules against you, it may be possible for y'all to appeal that determination. However, you typically have less than 30 days to do so before the order becomes final. Appeals court rules are far more than complex and require an all-encompassing agreement of the law. Talk to an attorney as shortly as possible if you recollect you want to appeal.

    Tip: Contact the clerk's function to get a copy of the signed order as soon as possible. You volition need it to enforce the gauge'south ruling.

    Advertisement

Enquire a Question

200 characters left

Include your email address to get a message when this question is answered.

Submit

Advertisement

  • This article discusses how to file a petition in court in the US. If you alive in some other country, the process may be dissimilar. Speak to a local attorney or visit a nearby legal self-assist clinic for more than information.

Advertisement

References

About This Commodity

Thanks to all authors for creating a page that has been read 8,805 times.

Reader Success Stories

  • Alice

    "Interpretations of the U.s. Supreme Court's instructions for pro se litigants."

Did this article assistance you?