How do I file a civil lawsuit?
If you are living in North Carolina and have a civil dispute that you would like to resolve through the filing of a civil lawsuit, there are several steps that you need to take. First, you must determine the proper court jurisdiction for your case. This means you must decide which court is the correct one to hear your case. Generally, the court will be based on where the defendant resides, or where any allegedly illegal activity occurred. Once you have determined the proper court, you must draft a complaint to file with the court. The complaint is a document that explains your legal cause of action against the defendant. It must contain detailed allegations of what the defendant did wrong, such as breach of contract, fraud, or intentional infliction of emotional distress. After the complaint has been written and signed, it must be filed with the proper court. The complaint must be accompanied by a filing fee. The fee varies depending on the court. The defendant must then be served with the complaint and a summons. This can be done by an impartial third party who is not involved in the lawsuit. Once the defendant has been served, the defendant must respond to the complaint within a certain amount of time. This is known as the answer. The defendant may agree with the allegations, disagree, or partially agree. The civil litigation process can then proceed with discovery, motions, and, if necessary, a trial. In the end, a judge or jury may decide the case.
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