-
Understanding the basics of the judicial system is important for all citizens. Many people end up involved in civil court at some point during their lifetimes. One element of a civil court case is the petition. The first step toward understanding the operation of civil court is knowing the function of a petition in that court.
Function
The primary function of a petition is to start a lawsuit in a civil court in the United States.
Features
The features of the petition include identifying the plaintiff and the defendant in the case. Additionally, the petition sets forth the allegations being made by the plaintiff.
Types
There are different types of petitions. Examples of petitions include petitions in civil suits, divorce petitions and probate petitions.
Considerations
Because of the importance of a petition in court, you need to seriously consider engaging the services of an attorney. Qualified lawyers understand what is required to prepare and file a petition.
Service
A copy of a petition and an official summons from the court are the documents that are served on a defendant in a civil case. These documents oftentimes are referred to as "court papers" amongst the general public.
Source:
"Civil Procedure Examples & Explanations;" Joseph W. Glannon; 2008
Cornell Law School: Federal Rules of Civil Procedure
"Civil Procedure;" Stephen C. Yeazell; 2008
Resource:
Mega Law: Civil Procedure State by State
Copyright 2023, Wired Ivy, LLC