Filing a Complaint or Petition
Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state. These statutes also vary depending on what your cause of action is. For example, in many states, the statute of limitations regarding a cause of action for breach of contract is three years, while the cause of action for an intentional tort, like slander, is one year.
A complaint is a general statement of the plaintiffs claim. The complaint must describe the actions that led to the claim of a violation (i.e., violation of rights). The claim can be for money damages. It could also be a claim for equitable remedies like specific performance (e.g., court forcing a party to abide by a contract) or an injunction (e.g., stopping a person from doing something). The complaint must establish jurisdiction of the court in which it is filed. For example, if the complain is filed in federal court, it must show diversity of citizenship or that a federal statutory or constitutional question is involved.
Service of Process
This generally involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:
o That the defendant is being sued;
o The name of the Court in which he is being sued;
o When he must file an answer; and
o The fact that a default judgment will be entered if no answer is filed.
The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. Deputy Marshals or process servers are used in federal court. Constables are used in justice court of some states. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper.
The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.
Title: Understanding the Summons and Complaint Form in Washington State: Types and Procedures Introduction: In the legal system of Washington State, the Summons and Complaint form carries significant importance. This comprehensive guide aims to provide a detailed description of what a Summons and Complaint form entails, its purpose, and the different types that one may encounter in this jurisdiction. Understanding these vital documents is crucial for legal professionals and individuals involved in legal proceedings in Washington State. 1. Overview of a Summons and Complaint Form in Washington State: A Summons and Complaint form is a legal document that initiates a civil lawsuit in Washington State. It includes essential information concerning the case, parties involved, claims made, and the desired relief sought. 2. Purpose of a Summons and Complaint Form: The primary purpose of a Summons and Complaint form is to officially notify the defendant that they are being sued and provide them with a copy of the claims being made against them. This form also ensures that the defendant is made aware of their rights and the necessary steps they need to undertake in response to the allegations. 3. Types of Summons and Complaint Forms in Washington State: a. General Civil Complaint: The General Civil Complaint form serves as a starting point for various civil cases, such as personal injury claims, contract disputes, property disputes, or other civil matters that arise under Washington State law. b. Small Claims Complaint: Specifically designed for cases involving lower monetary amounts, the Small Claims Complaint form is utilized when the contested amount is under a certain threshold stipulated by Washington State law. Small claims cases are less formal and are handled in a more streamlined process. c. Domestic Relations/Family Law Complaint: For cases related to divorce, child custody, visitation rights, alimony, or other domestic relations disputes, the Domestic Relations or Family Law Complaint form is used. It addresses the unique aspects and requirements of family law proceedings in Washington State. d. Unlawful Detained Complaint (Eviction): The Unlawful Detained Complaint form is utilized in cases involving the eviction of a tenant. It outlines the reasons for eviction, such as non-payment of rent or violation of lease terms, and commences the legal process of removing the tenant from the property. 4. Filling Out and Submitting the Form: To complete a Summons and Complaint form, relevant information about the plaintiff, defendant, and the case details must be accurately provided. The completed form is then signed by the plaintiff or their legal representative and filed with the appropriate court. Conclusion: Understanding the Summons and Complaint form is vital for anyone involved in legal proceedings in Washington State. By comprehending the purpose and types of these forms, individuals can navigate the legal system more effectively and ensure that their rights are protected. It is always advisable to consult an attorney or legal professional for personalized guidance in specific legal matters.
