Choosing the right court
The first decision is which court can hear the case, and getting it wrong wastes both the filing fee and, sometimes, the limitation period. Small claims courts handle disputes below a state-set ceiling — commonly between 2,500 and 25,000 dollars — with simplified procedure, and in many states lawyers are restricted or barred.
State trial courts of general jurisdiction handle most larger civil claims. Federal courts have limited jurisdiction: broadly, claims arising under federal law, or disputes between citizens of different states where the amount exceeds 75,000 dollars. Venue must also be correct, which usually means where the defendant resides or where the events occurred.
Check the limitation period before anything else
Every claim has a filing deadline set by state law and by claim type — often one to three years for injury, longer for written contracts. Claims against government bodies frequently require a formal notice within 60 to 180 days. Once the period expires the claim is normally barred whatever its merits.
The complaint, the fee and service
A complaint identifies the parties, establishes why the court has jurisdiction, sets out the facts, states the legal claims and specifies the relief sought. Courts do not require elegant drafting, but they do require enough factual content to make each claim plausible rather than merely conceivable — bare allegations that track the elements of a claim are routinely dismissed.
Filing fees typically run from about 30 to 400 dollars in state courts and are currently 405 dollars in federal district court. Fee waivers are available on a showing of inability to pay, usually by sworn application detailing income and assets.
After filing, the defendant must be formally served, which is a legal requirement rather than a courtesy. Service is generally made by a sheriff, a professional process server or another adult who is not a party, following the rules of the court. Defective service can void the case, and federal rules give 90 days from filing to complete it.
What happens after filing
The defendant responds, typically within 20 to 30 days, either by answering the allegations or by moving to dismiss. A motion to dismiss argues that even if everything alleged is true, there is no valid legal claim. Cases that survive it move into discovery: document exchange, written questions, and depositions under oath.
Discovery is normally the longest and most expensive phase, and it is where most cases settle, because it is the point at which both sides finally see the strength of the evidence. Only a small minority of civil cases filed ever reach trial.
Representing yourself is allowed, but the rules still apply
Every litigant has the right to appear without a lawyer. Courts do not relax procedural requirements for self-represented parties, and missed deadlines or defective filings carry the same consequences. Many courts operate self-help centres that assist with forms without giving legal advice.
Sections in This Category
Each section below groups the cases that share a defendant, a product or a legal theory, and sets out what those cases have in common before linking to the individual coverage.
- Intellectual Property Lawsuits — 15 cases