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A civil case filed in a circuit court most often begins with a PETITION.

A petition must contain certain things or it will be dismissed. It's a complex matter best handled by a lawyer. If you're not really careful, you could set yourself up for a "malicious prosecution" case brought against you and/or be liable for attorney fees to the defendant's attorney.

In addition to the petition and the requisite number of copies, you will be required to pay a filing fee. Each jurisdiction has its own Rules of Court and procedures to follow. Call the clerk of the court where jurisdiction is proper for your case and ask whatever questions you might have. (Determnining jurisdiction is sometimes so complicated, though, that it takes a lawyer to figure it out -- and sometimes it takes years of argument before jurisdiction is decided by a court...)

If you are considering suing someone in civil court, you are encouraged to consult with an attorney in your area. Civil cases are most often handled by attorneys on a contingency basis -- meaning, you don't pay the attorney unless you win your case.

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13y ago

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