How do you sue in District Court?

Answer 1

The reference to "Circuit Court" can mean a couple of different things. This is because in many state court systems, "circuit court" is the name given to a specific, separate court. It can also be taken to refer to specified courts in the federal system. For purposes of this answer, I will assume that you are referring to state court.

Not knowing where you are located, I cannot comment on the jurisdiction of the circuit court. Generally, jurisdiction refers to the power and authority of a court to hear and decide a matter, and is defined by statute. Therefore, you will have to consult your state's statutes to determine the jurisdiction of the circuit court.

Jurisdiction has 2 elements: subject-matter and personal. Subject-matter jurisdiction deals with the court's authority to hear and to decide cases of various types or involving various amounts of money. For example, circuit court, rather than a lower-level trial court, may have jurisdiction to hear dissolution of marriage cases. It may also have jurisdiction to hear cases where the amount of money in controversy exceeds a stated dollar amount (the amount will be defined by statute). Therefore, in preparing the complaint (or petition, as it may be called), it is necessary to allege facts that show that the case is within the jurisdiction of the court (for example: "This is an action for money damages which exceed $XXX and is therefore within the jurisdiction of this court").

Personal jurisdiction is different, but also necessary. The material element of it is lawful service of process upon the person being sued (human or other legal entity), so that he/she/it has personal or constructive notice of the suit and an opportunity to be heard. Again, each state has statutes dealing with the lawful means of service (which may be different depending upon varying circumstances).

Another factor is called "venue". This refers to the fact that a defendant generally has the right to be sued in his/her own locale (such as the county in which he/she lives, or where it does business), or where the cause of action arose. While venue is often said to be the defendant's privilege, as long as the plaintiff selects from one of the foregoing, it is generally OK.

The Plaintiff (by whatever name called) must prepare a complaint or petition that sets forth a short and plain factual statement of the basis of his/her/its claim, and which makes a demand for relief of a type that the circuit court has the jurisdiction to grant. Any documents ("exhibits") upon which the claim is founded should be attached. The original of the complaint or petition gets taken to the Clerk of the Court and the Plaintiff must generally pay a filing fee (determined by statute). Depending upon certain circumstances that vary by state, sometimes the filing fee may be waived.

The complaint or petition is accompanied by a "summons" which directs the sheriff, a private process server, or some other person authorized by statute to "serve" (deliver) the lawsuit upon the defendant(s). A separate summons and set of suit papers is required for each defendant.

Answer 2

If you want to file suit, you will need to draft a petition or complaint that alleges a legal cause of action, and shows how the defendant harmed you and should be held liable. If you are unfamiliar with law, you will either need to do some legal research or hire an attorney. To file it, you take it to the court clerk's office (generally with a filing fee and a certain number of copies) and give it to the clerk. He/she will enter the appropriate information, and your law suit has now been filed.

You will then make arrangements to have your defendant served with process.