How to Get a Court Order
Determine whether you need a civil court order., Consider hiring an attorney., Decide which type of court to sue in., Decide which level of court to sue in., File your lawsuit., Try to resolve your case before trial., Get a court order after...
Step-by-Step Guide
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Step 1: Determine whether you need a civil court order.
Civil court is where people sue each other to collect money damages.
Unlike criminal court, losing a civil lawsuit does not result in any jail time.
If you want a court to award you money from someone else because you think that they have wronged you in some way, you will need a civil court order.
To get a civil order, you must first file a civil lawsuit.
There are many types of civil lawsuits, including: personal injury lawsuits, defamation lawsuits, breach of contract lawsuits, medical malpractice lawsuits, and slip and fall lawsuits. -
Step 2: Consider hiring an attorney.
If you want to file a civil lawsuit, an experienced attorney can help you win your libel case.
Although you can represent yourself in court, many civil lawsuits are difficult to win, so if possible, you should have an attorney who can advocate for you.
Additionally, an attorney will be able to help you navigate the unfamiliar and sometimes complex court system.
If you do want to hire an attorney, choose someone who has at least 3-5 years of experience handling whatever type of case you have.
To find an attorney near you, consider talking to friends and family members who have used an attorney before.
Find out who they hired, for what type of service, if they were happy with the services, and why or why not.
Ask if they would recommend the attorney.
You can also find an attorney by checking online reviews.
Many websites offer free reviews of businesses.
Some places to look for lawyer reviews include:
FindLaw, Avvo, and Yahoo Local. , The law establishes limits on which courts have “jurisdiction” (power) to hear and decide a case.
Therefore, it is important that you file your case in a court that has the power to hear your case.
In the United States, you will file your civil case in either state or federal court.
Generally, you should file a case that deals with a state law in state court.
The majority of civil cases, including personal injury cases, landlord-tenant cases, and breach of contract are based on state law.
Usually, you should file your state court case in the state where the actions occurred.
There are a few types of cases that should be filed in “federal court” instead of state court.
If your case is based on a federal law, you can sue in federal court.
A few examples of cases under federal law include: suing a police officer under the federal civil rights statute (called a 1983 case),suing someone for patent infringement, or suing an employer under Title 7 for discrimination. , Once you figure out which state to sue in, you also need to figure out which court in that state is the correct one to sue in: for example, many states have different “levels” of courts that plaintiffs can file in depending on how much money they are asking for.
Typically, states will have the following courts (which may have different names) to choose from:
Small claims court: small claims courts will usually hear claims that involve a certain amount of money
- usually up to $2,500
- $5,000.
Courts for medium-sized claims: usually, the middle level of court will hear cases that involve claims of up to $25,000, Courts for any cases with larger claims: there is usually a court that will hear claims that are about $25,000, and also certain specialized statutory claims that specify in the law which court will hear them. , After you determine which court you should file your lawsuit in, you should begin to prepare your “complaint.” To sue someone, you must prepare a document called a complaint that you will file with the court.
The complaint includes the grounds or cause of action for your lawsuit.
If you have an attorney, he or she will write and file your complaint.
If you do not have an attorney, you can look online to see what a complaint for your type of case looks like, or call the court where you will file and ask if there is a special form complaint that you can use. , Even if you file a lawsuit, you won’t necessarily get a court order after a trial.
Most cases actually “settle” before trial.
Settling with the opposing party is a good idea for many reasons including:
Timing: trials are often long and drawn out, therefore, settling now means that you will probably receive money sooner rather than later.
Easier than trial: as someone representing yourself, going all the way through the trial can be stressful due to the complex and unfamiliar nature of the legal system, settling will save you from having to navigate all the way through a trial on your own.
You will know and agree to the result: if you end up going to trial, you really have no idea how the judge will decide your case, and the order may end up being against you! Settling allows you to agree to the amount of money you will receive, and saves you and your opponent from the uncertainty of trial. , If you do proceed to trial, your case will either be decided by a judge or a jury.
Usually, the parties decide whether to have the case decided by a judge or jury.
If you decide to go forward with the lawsuit instead of settling, you should hire an attorney to represent you.
For more information on how to proceed with a civil lawsuit, visit LifeGuide Hub’s guide on Suing in Civil Court. -
Step 3: Decide which type of court to sue in.
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Step 4: Decide which level of court to sue in.
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Step 5: File your lawsuit.
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Step 6: Try to resolve your case before trial.
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Step 7: Get a court order after completing the trial process.
Detailed Guide
Civil court is where people sue each other to collect money damages.
Unlike criminal court, losing a civil lawsuit does not result in any jail time.
If you want a court to award you money from someone else because you think that they have wronged you in some way, you will need a civil court order.
To get a civil order, you must first file a civil lawsuit.
There are many types of civil lawsuits, including: personal injury lawsuits, defamation lawsuits, breach of contract lawsuits, medical malpractice lawsuits, and slip and fall lawsuits.
If you want to file a civil lawsuit, an experienced attorney can help you win your libel case.
Although you can represent yourself in court, many civil lawsuits are difficult to win, so if possible, you should have an attorney who can advocate for you.
Additionally, an attorney will be able to help you navigate the unfamiliar and sometimes complex court system.
If you do want to hire an attorney, choose someone who has at least 3-5 years of experience handling whatever type of case you have.
To find an attorney near you, consider talking to friends and family members who have used an attorney before.
Find out who they hired, for what type of service, if they were happy with the services, and why or why not.
Ask if they would recommend the attorney.
You can also find an attorney by checking online reviews.
Many websites offer free reviews of businesses.
Some places to look for lawyer reviews include:
FindLaw, Avvo, and Yahoo Local. , The law establishes limits on which courts have “jurisdiction” (power) to hear and decide a case.
Therefore, it is important that you file your case in a court that has the power to hear your case.
In the United States, you will file your civil case in either state or federal court.
Generally, you should file a case that deals with a state law in state court.
The majority of civil cases, including personal injury cases, landlord-tenant cases, and breach of contract are based on state law.
Usually, you should file your state court case in the state where the actions occurred.
There are a few types of cases that should be filed in “federal court” instead of state court.
If your case is based on a federal law, you can sue in federal court.
A few examples of cases under federal law include: suing a police officer under the federal civil rights statute (called a 1983 case),suing someone for patent infringement, or suing an employer under Title 7 for discrimination. , Once you figure out which state to sue in, you also need to figure out which court in that state is the correct one to sue in: for example, many states have different “levels” of courts that plaintiffs can file in depending on how much money they are asking for.
Typically, states will have the following courts (which may have different names) to choose from:
Small claims court: small claims courts will usually hear claims that involve a certain amount of money
- usually up to $2,500
- $5,000.
Courts for medium-sized claims: usually, the middle level of court will hear cases that involve claims of up to $25,000, Courts for any cases with larger claims: there is usually a court that will hear claims that are about $25,000, and also certain specialized statutory claims that specify in the law which court will hear them. , After you determine which court you should file your lawsuit in, you should begin to prepare your “complaint.” To sue someone, you must prepare a document called a complaint that you will file with the court.
The complaint includes the grounds or cause of action for your lawsuit.
If you have an attorney, he or she will write and file your complaint.
If you do not have an attorney, you can look online to see what a complaint for your type of case looks like, or call the court where you will file and ask if there is a special form complaint that you can use. , Even if you file a lawsuit, you won’t necessarily get a court order after a trial.
Most cases actually “settle” before trial.
Settling with the opposing party is a good idea for many reasons including:
Timing: trials are often long and drawn out, therefore, settling now means that you will probably receive money sooner rather than later.
Easier than trial: as someone representing yourself, going all the way through the trial can be stressful due to the complex and unfamiliar nature of the legal system, settling will save you from having to navigate all the way through a trial on your own.
You will know and agree to the result: if you end up going to trial, you really have no idea how the judge will decide your case, and the order may end up being against you! Settling allows you to agree to the amount of money you will receive, and saves you and your opponent from the uncertainty of trial. , If you do proceed to trial, your case will either be decided by a judge or a jury.
Usually, the parties decide whether to have the case decided by a judge or jury.
If you decide to go forward with the lawsuit instead of settling, you should hire an attorney to represent you.
For more information on how to proceed with a civil lawsuit, visit LifeGuide Hub’s guide on Suing in Civil Court.
About the Author
Jacqueline Lane
Specializes in breaking down complex DIY projects topics into simple steps.
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