So You Want to Sue Someone?
Pursuing a lawsuit is a lengthy and complex undertaking that cannot be fully summarized here – but these are some important things to consider:
It's Complicated. VERY Complicated.
It’s important to understand is that filling a lawsuit is not simply a matter of filling out a few forms, filing them with the court, and then going to talk to a judge. It is a MUCH more complicated process that can take years to resolve.
And even if you win a case and get a money judgment, it will still be up to YOU to try and collect the award. (The lawsuit simply gives you the right to pursue collection – the court will not do anything to get what you’re owed.)
Do I Have a Case?
Remember that just because you feel like you’ve been wronged doesn’t necessarily mean that you have a viable legal case. You have to be able to establish a set of facts that allows for a legal remedy – and then show that you’re entitled to that remedy. This is what a lawyer does.
Your best bet is to talk to an attorney before starting a case. It is a very good idea to make an appointment at a free legal clinic to get a better sense of what the options are.
In the Library, one of the best resources for determining whether you have grounds for a case is volume 29 of the Washington Practice called “Washington Elements of an Action.”
Rules, Rules, Rules
One of the things that makes a lawsuit so complicated is that the procedures are governed by multiple sets of court rules – and it’s YOUR responsibility to be familiar with them. Those rules may seem unnecessarily burdensome, but they exist for a reason – to make the process as fair as possible to both parties.
For instance, if you file a case in Superior Court, you would at least be responsible for knowing about:
Civil Rules (CR) – Statewide rules that, unless modified by local civil rules, serve as the basis for court procedures, and
Local Civil Rules (LCR) – County-specific rules that govern procedures in each county
Other types of cases or situations may bring additional rules into play, such as local family law rules, etc. – and it will be up to you to know how they might work together.
Another good example is document formatting. You can’t submit just any handwritten note on double-sided notebook paper – your documents must conform to court standards. So, if you’re filing a motion in King County Superior Court, you’ll want to look at CR’s 7-16, LCR 7, and the Washington Courts’s Style Sheet, to name a few.
Civil vs. Criminal Cases
Civil cases are for disputes between individuals or organizations. For instance, if you believe that another person or company has caused you harm, you might file a civil complaint for financial damages.
Criminal cases can only be brought by the government – a citizen cannot file a case to put another person in jail. This is because crimes are considered acts against all of society and the government is charged with keeping order. If you think a crime has been committed, notify law enforcement; they will collect information and it will be up to the Prosecuting Attorney’s Office to decide whether or not to pursue charges. (More information.)
What Court Should I File In?
Another consideration is what court to file in. Different courts can hear different things. The trial-level courts in Washington are:
Superior Court (more info)
- Court of “general jurisdiction” – it can hear almost any kind of case
- Exclusive jurisdiction for:
- Family law matters
- Juvenile cases
- Real property cases
- Appeals from courts of limited jurisdiction (District and Municipal courts)
- Can hear any kind of protection order case
- NOTE: There are a lot of instructional materials geared toward Superior Court
District Court (more info)
- Court of “limited jurisdiction” – it CANNOT hear:
- Real property disputes
- Probate disputes
- Family law matters
- Issues related to false imprisonment
- Libel/slander cases (RCW 3.66.030)
- It CAN hear:
- Civil claims for damages up to $100,000
- Protection orders (except for extreme risk)
- NOTE: There is less guidance/instructional material written specifically for District Court
Small Claims Court (more info)
- Part of District Court
- MUCH easier and faster (no discovery, complex civil procedure rules, etc.)
- Claims for money only – up to $10,000 by an individual
- Only for money demands – you cannot make someone do something
- NOTE: Even if you think you’re owed a little more than $10,000, it might be worth reducing your demand so you can file a small claims case – just because it is so much easier.
Suing the Government
If you want to file a civil claim for damages against a government agency, you are REQUIRED to file an administrative tort claim with the agency before you can bring a case to court. (The requirement can be found in RCW 4.92.110 for state agencies and RCW 4.96.020 for local government bodies.)
Each agency may have their own tort claim process. As an example, King County’s tort claim information can be found HERE.
Don't Wait Too Long
The statutes of limitations place restrictions on the amount of time one has to start a legal case – and the time limits vary, depending on the reason that someone uses for suing. If you are beyond these time limits, your case will most likely get dismissed. When exactly that time begins and ends CAN be a very tricky issue, but the general guidelines can be found in Ch. 4.16 RCW.
A Note About Serving Papers
One of the most important requirements for starting a lawsuit is service of process – the act of delivering the initial paperwork to the defendant/respondent. There are a number of requirements, but it’s important to remember that the person filing the case CANNOT serve the papers on the other party; they must be delivered by someone who is not a party to the case, and who is competent to testify as a witness. For more details, look at CR 4 (and CR 4.1 for domestic relations cases) and RCW 4.28.080.
Where to Get Paperwork
Generally speaking, there are very few pre-made forms for civil lawsuits – most of the time you will need to write them yourself. Sometimes you can find sample language in law books for you to use – ask Law Librarians if they can help you.
The two most important documents for starting a case are the summons and the complaint. The summons tells the respondent how and when they have to respond to a complaint (see CR 4) and the complaint is where the plaintiff outlines their case. If you want to get blank copies of these documents, the law library can sell them to you at one of our locations.
Even better, the Law Library sells a packet with instructions and forms for initiating a civil lawsuit – you can find it on our Form Packets page linked below.
More Resources
Lawsuit Basics
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