How can citizens respond to a court

All rights reserved. Department of Justice. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided. Skip to main content. You are here Home » Legal Information. The First Appearance What can I expect at the first court appearance? How should I prepare for the first appearance? What happens at a court conference or a status appearance?

Discovery Discovery Basics What is discovery? Does discovery happen in every case? What if the abuser is using discovery as an abuse tactic?

Document Requests How do I request documents from the other party? What types of documents or items can I request in my discovery demand? You need to check how these changes will affect you on GOV. You can check how to prepare if the court arranges a hearing by phone or video call. You can search for their contact details on GOV. Be realistic about whether you can get what you want if you take a case to court.

If your dispute is about a misunderstanding or communication breakdown, court is usually not the best place to sort it out.

It's usually better to try other options first. Taking a case to court can be stressful. It can take a lot of time and money - for example, if you lose and you have to pay the other side's costs.

You can find out about alternatives to court action on Advice Now's website. If you decide to go to court to claim money you're owed, it's known as a 'small claim'. You can find out more about making a small claim. You can also find a guide to making a small claim on GOV. If you have to represent yourself in court, you'll be known as a 'litigant in person'.

You might get advice about what legal points to raise in court - find out if you can get free or affordable legal advice.

If you want practical help during your court case, you can contact Support Through Court. A Support Through Court volunteer can explain how the court works, listen to you and help with paperwork. If you decided to file an answer or motion with the court, the Self-Help Center might have a form to help you.

You'll need to use the form for the correct court. Look at the summons and complaint you received. On the first page of the summons or complaint, there's a "caption" heading. That caption should indicate which court the case was filed in district or justice. For information on how to fill out legal forms, click to visit Basics of Court Forms and Filing.

You can pay the filing fee by cash, Visa, Mastercard, ATM or debit card, money order, or cashier's check. Current filing fees are:. If you are unable to pay the filing fee, you can file an Application to Proceed in Forma Pauperis sometimes called a "fee waiver application" , which is available for free at the Self-Help Center.

You can also download the form on your computer by clicking one of the formats underneath the form's title below:. There is an automated interview for applicants filling out the District Court Fee Waiver. This interview will complete the fee waiver forms for you after you answer a series of questions. At the end of the interview, you will have to print your forms, sign them, and file them.

This interview will only generate the District Court Fee Waiver forms. Pdf Fillable. For more information on filing documents with the district court or justice court, click to visit Basics of Court Forms and Filing.

You must generally give the other side a copy of any document you file with the court. If the other side has an attorney, you must give the documents to the attorney instead of the other party. Because the other side and possibly the court will be sending you documents in the mail, make sure they have your current address. If you move, file a Notice of Change of Address form with the court and mail a copy to the other side.

It is also the proof you file with the court to verify that service was made. Read the Certificate of Service and deliver a copy to the other side by whatever method is described. If you filed a motion, the court clerk is going to give you a hearing date.

Make sure the copy of the motion you serve to the other side has the date and time of the hearing on it. Otherwise, they won't know when the hearing is scheduled. That means that the judge let the plaintiff win the case because you were not there. If the judge enters a default judgment against you, you can ask them to take it back by filing a Motion to Vacate Default Judgment. You have 30 days to file this motion and show the judge that you had a good reason for not filing.

After 30 days, it is much harder to remove the judgment, and you will probably need to talk to a lawyer. Only logged-in users can post comments. Please log in or register if you want to leave a comment. We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help.

All rights reserved. ILAO is a registered c 3 nonprofit organization. ILAO's tax identification number is Select your language English Spanish. We simplify the law so you can get justice. Worried about doing this on your own? You may be able to get free legal help. Apply Online. Note: Covid is changing many areas of the law. Visit our Covid articles for the latest information. Responding to a lawsuit. Displaying information for [ change ]. It also tells you: What the plaintiff thinks happened, The laws that support the plaintiff's claims, and What the plaintiff is asking for.

Appearance and Answer If you are properly served with a Summons , you can file an Appearance and an Answer to protect your rights. Rules for Answers In your Answer , you must respond to each numbered statement in the Complaint. You must: Admit: agree with the statement, Deny : disagree with the statement, or Lack the knowledge required to admit or deny: don't know if it's true If you pick the last option, you must also attach an Affidavit saying that you do not know if the statements indicated are true.

Defenses The Answer is also the document where you can argue affirmative defenses. If you file your Answer without affirmative defenses, you can't make them later. Counterclaims The Answer is also where you include any counterclaims.

Service After you e-file your Answer and Appearance , you must serve the documents on the plaintiff. Service is usually required to be done electronically by: Using an e-filing system, or By email. Motions Sometimes a defendant will want to file a Motion before filing an Answer.