TABLE OF CONTENTS-
What Other Forms Do I Need?
- GLOSSARY
- LEGAL TERMS
- AFFIDAVIT/DECLARATION
- AMENDMENT
- ANSWER
- APPEAL
- COMPLAINT
- CORPORATION
- COUNTERCLAIM
- DAMAGES
- DEFAULT JUDGMENT
- DEFENDANT
- DISINTERESTED ADULT
- DISMISSAL
- FILE
- GUARDIAN AD LITEM
- JUDGMENT
- JURISDICTION
- MEDIATION
- NOTICE OF APPEAL
- PARTY
- PLAINTIFF
- PLEADING
- PRIVATE PROCESS SERVER
- SECRETARY OF STATE
- SERVICE OF PROCESS
- SETTLEMENT
- SUBPOENA
- SUMMONS
- VACATE
A written statement of facts under
oath, by a party. Can also be referred to as a declaration.
Making a change in the complaint, answer
or countercomplaint.
Response filed by the defendant contesting
all or part of the plaintiff's claim and/or providing an affirmative
defense.
A request by either party to take a case
to a higher court for review. No new evidence may be introduced in the
appellate court. The reviewing court only considers whether errors
occurred during the prior proceedings.
The legal document, also known as a
pleading that initiates a civil lawsuit. It states facts and identifies
the action the court is asked to take.
A legal entity created under state law
most commonly intended to be in business.
A claim made by a defendant in a civil
lawsuit against the plaintiff, included within the Defendant's Answer
to the Plaintiff.
An amount of money that may be recovered
in the courts by any person who has suffered loss, detriment, or injury
through the unlawful act, negligence or intentional conduct of another.
When a defendant is in default, the court
enters an order in favor of the plaintiff. The court may in its
discretion overturn a default judgment.
The person(s) or other entity against
which a claim is filed.
A person age 18 or older who is not
involved in the case and is familiar with the rules of service to serve
a defendant.
The termination of a lawsuit. A dismissal
without prejudice allows the plaintiff the option to file again at a
later date. A dismissal with prejudice prevents the lawsuit from being
brought again in the future in any form.
To place legal documents in the official
custody of the clerk of the court to enter into the files or records of
the case. A legal document is deemed filed when date and time stamped
by the clerk.
A special guardian appointed by the court
to represent children or disabled persons during the course of
litigation.
A final determination by the court of the
rights and claims of the parties in the action, whether by default,
summary judgment, declaratory judgment, consent judgment or verdict.
The extent of the court's legal authority
in a specific geographical area to interpret and apply the law. Types
of jurisdictional power include subject matter, personal, territorial,
concurrent and appellate jurisdiction.
A form of alternate dispute resolution
where a neutral third party acts as an intermediary assisting
disputants to settle their dispute.
A filing made with an appellate court to
appeal a ruling made by a lower court.
A person, business, organization or
government agency actively involved in the prosecution or defense of a
legal proceeding.
The person(s) or entity filing a claim
against another person or entity.
A formal statement of facts and law,
generally written, propounding the case of action or the defense of a
legal case.
Private person who serves each defendant,
complying with all service requirements. Most courts and some sheriffs'
offices will provide a list, as well as the yellow pages.
The office in each state that provides
information regarding all businesses, including businesses with a
fictitious name that are registered to do business in that state. All
corporations conducting business in that state will have an agent for
service of process identified. Virtually all states have an Internet
website that can be used to look up businesses REGISTERED IN THAT STATE.
The act of providing an opposing party
with notice of a pleading or action to assure that the opposing party
is aware an action has been filed and is given an opportunity to appear.
An agreement between the parties disposing
of a lawsuit.
Order of the court requiring a witness to
attend and testify at trial.
The section of the Notice, Claim, and
Summons to Appear for Trial form that informs the Defendant when and
where to appear.
To set the judgment aside as if it did
not happen.
What Other Forms Do I Need?
Your complaint is not the only form you may need to complete. Check with the clerk of the court for any forms you may need. Included is a brief overview of some of the forms you may need:
- Additional Plaintiff(s)/Defendant(s): If have multiple plaintiffs or defendants you will need to include an Additional Plaintiff/Defendant form.
- Fictitious Business Name Declaration: If filing on behalf of a business, whether as an individual, partnership, corporation or other association you will need to include a Fictitious Business Name Declaration stating that you are in compliance with all appropriate state laws regarding the business. If you have not complied with all fictitious business name laws the court may dismiss your claim and you will have to refile once you have complied with all requirements.
- Proof of Service: Document establishes process server was 18 years or older and not a party to the legislation. States that the Plaintiff's Claim and Order to appear in Small Claims Court (Complaint) was served on the defendant at the specified address and the method of service. It is signed by the process server under penalty of perjury.
- Proof of Service of Mailing After Substitute Service: Document under penalty of perjury used to list all defendants served by mail as substitute service in lieu of personal service.
- Plaintiff's Declaration: Written Statement under oath by Plaintiff as evidence.
- Application and Order for Appointment of a Guardian ad Litem: Required if the plaintiff is a minor under the age of 18. A guardian is required to litigate the action on behalf of the minor plaintiff.
- Fee Waiver: You may fill out an In Forma Pauperis form stating that due to your financial circumstances you are unable to afford the court filing fees.
- Request to Postpone Small Claims Hearing
- Request to Amend Party Name Before Hearing: You will need this form if you need to substitute the proper name of a party for a Doe name or you have determined that you have improperly named the defendant.
- Defendant's Claim and Order to Plaintiff: Applicable if defendant files a counterclaim against the plaintiff.
- Request to Dismiss Your Case: Required if settle or do not want to continue your case.
- Small Claims Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration: Used to force a witness to testify at trial and/or produce documents.
- Authorization to Appear on Behalf of Party: Document necessary if you have an attorney representing you in a jurisdiction allowing legal representation at the hearing.
- Notice of Entry of Judgment: You must file the order by the judge detailing the judgment. Judgment must be entered before you can collect the damage award.
- Notice of Appeal: Used to appeal a judgment.
- Notice of Motion and Declaration: Required if you are filing a motion with the court. Typically you will not need to file a motion with the court unless you are requesting a default judgment.
- Notice of Motion to Vacate Judgment and Declaration: The defendant would file this type of motion to contest a default judgment. As plaintiff you could file a Notice of Renewal of Judgment if the motion was granted.
- Request for Dismissal: This is a request the defendant will file to ask the court to dismiss the action as there is no legal basis in law or fact for the action.
- Application and Order to Produce Statement of Assets and to Appear for Examination: Given the defendant is an airline the court will likely dismiss your application to examine the airline's assets to make sure the airline can pay the judgment requested if awarded in small claims.
To see examples of the most common forms you may require, take a look at SAMPLE SMALL CLAIMS FORMS for California, Florida and New York.
