How does a civil case begin?
• Complaint. A civil case begins with a complaint. The complaint includes a brief statement of the facts of the complaining person’s case. The person filing the complaint is the plaintiff, and the person being sued is the defendant. The plaintiff must file the complaint in the clerk’s office along with a $31 filing fee. • Summons. The summons provides a date by which the defendant (the person being sued) must respond to the complaint. It also includes the date and the time of appearance and the location of the court. The summons is issued by the clerk of court. Also, lawyers can issue summons. The summons and the complaint must be served upon (given to) the defendant by a disinterested third party, such as the sheriff or a private process server. The plaintiff must pay for the cost of service. NOTE: It is the plaintiffs responsibility to make sure that the defendant is served and that proof of service is filed with the court. Service of the summons and cost of publication are at the ex
