WE GET A LOT OF REFERENCE QUESTIONS AT THE KING COUNTY LAW LIBRARY.
THE REFRAIN GOES THAT BECAUSE WE AREN’T PRACTICING ATTORNEYS, WE CAN’T OFFER LEGAL ADVICE—AS LIBRARIANS, WE CAN ONLY OFFER RESOURCES.
THAT SAID, SOME QUESTIONS ARE VERY INTERESTING & INSPIRE ME TO DO SOME RESEARCH OF MY OWN, COLLECTED HERE IN THIS COLUMN. DON’T CONSTRUE THIS AS LEGAL ADVICE!
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One of the most common pro se reference questions we get at the law library is: “How do I sue someone?”
(It’s almost all civil here. SVU would have you believe there are many pro se criminal defendants, replete with zippy cross examination quips at the ready, but somehow that’s not what we see. The most common criminal question is how to vacate old convictions, which is on the criminal side, but isn’t, like, active, and the resources are so easily had that little time is spent there.)
On the civil side, “How do I get a divorce?” is probably the #1 seller. Nothing is as common as dissolution, what with the second law of thermodynamics etc. But honestly that is also extremely straightforward: the state provides the forms, the county provides form packets, and there’s much third party guidance.
“How do I sue someone?” Now that’s perhaps the second most asked question, and one far more interesting. What I hope to do here is provide a broad overview of KCLL’s resources to answer this very question.
I wrote the preceding section on September 20. It is now November 30. I intended this to be a concise guide, I really did. A short blog post! What an oaf I’ve been.
Instead, Microsoft Word says I’ve been working on this 22-page document for 996 minutes.
Here is the initial kernel that sent me down this harrowing path, and perhaps the main takeaway from what is now an actual spiral bound guide book:
“You should buy our “Starting a Civil Lawsuit in Superior Court” form packet for $10 and follow its instructions. But, because you’re a savvy pro se litigant, you’ll notice that this form packet is extremely procedural, and because you’re so savvy, you probably want to learn the substantive basis of the journey you’re now beginning. Ask a librarian for reading recommendations for concepts you don’t understand. When it comes to drafting your Complaint, ask to see Amjur Pleadings Annotated and model your complaint off an existing template.”
So simple! But… what if they’re suing a business? Our packet doesn’t do that. What if they want to sue in KC District Court? What if they’re seeking a declaratory judgment?
It kept ballooning in scope, you see, and by the time declaratory judgments and injunctive relief entered my whirling mind, it made all the sense in the world to include them.
But now, I have a first draft of a guide that I’m comfortable sharing with my dear RRQ readers, and law library patrons who want to do some research before starting their civil action.
You can see below that it is essentially an annotated bibliography. Each consideration for starting a suit (that I deemed worthy enough to include) has cited book chapters that speak to the topic. I tried not to speak substantively where I could, and instead pointed to external sources.
Major shout out to Washington Practice, I’m definitely going to get Thomson Reuters’ logo tattooed on me one day. Also shout out to Pleadings and Forms Annotated, because the whole packet is intended to ultimately lead you there anyway.
Please let me know your thoughts! Any topics you’d add or remove, verbiage or syntax you deem “grody,” let me know, because I want to keep improving this and ensure my effort was worthwhile. ross.zimmerman@kingcounty.gov
Full file: HERE