Over the years, I’ve had many consultations with potential clients who want to sue someone but have never been a party to a lawsuit. In most people’s lives, litigation is a very rare occurrence. So what exactly does suing someone entail? This article discusses just the very start of a lawsuit: the complaint.
A lawsuit is started by the filing of a document called a complaint. In some situations, by reason of statute or rule, it will be called a “petition,” and in small claims court, it’s called a “statement of claim.” However, generally, in civil litigation, it is almost always “the complaint.”
The Rules of the Game
In Florida, litigants must follow a body of rules known as the Florida Rules of Civil Procedure, while, in federal courts, litigants follow the Federal Rules of Civil Procedure. The two bodies of rules are similar but have certain differences. The Florida Rules are based on the federal rules, and each state has its own rules.
The Rules require certain things, such as, every court document must have a “caption” that designates who is suing and who is being sued, and the case number. However, they do not mandate any particular form for the complaint. They do, however, require that, to pass muster, each complaint that sets forth a claim for relief must contain a few things.
Jurisdiction and Statement of Facts
First, it must contain a short and plain statement showing that the court has jurisdiction. For example, in Florida, if you are suing something where your damages exceed $50,000 (formerly $15,000, then $30,000), the lawsuit falls under the jurisdiction of the circuit court. See § 34.01, Fla. Stat. For this reason, most complaints contain a phrase like, “This is an action where the amount in controversy exceeds $50,000.” That doesn’t mean that the plaintiff is suing for $50,000; on the contrary, a plaintiff who intends to recover $2 million may still include that same sentence because the jurisdictional statement, to show that the circuit court has jurisdiction, must show that the damages sought are $50,000 or more.
Next, a complaint must contain a “short and plain statement” of the “ultimate facts” showing that the pleader is entitled to relief. As to what is legally sufficient to constitute a short and plain statement of ultimate facts is the subject of many motion-to-dismiss hearings, and drafting a sufficient complaint is a learned skill that can be honed by years of law practice — and battling motions to dismiss. Furthermore, certain subject areas, such as fraud or mistake, the statement of facts must be more detailed and particularized. See Fla. R. Civ. P. R. 1.120(b).
Structuring the Complaint
A short and plain statement of ultimate facts does not mean that you plead your entire case in one document. Sometimes pro-se litigants seem to try to write a book when they write their complaint; that’s not the purpose of the complaint, however. The purpose is to state a cause of action, or, essentially, briefly (hence the word “short”) state the ultimate facts that meet each element of the cause of action. Each cause of action has different elements, and each case will have different facts; therefore, complaints differ widely.
Each statement of fact is stated in a separately numbered paragraph. The reason for this is so that when the defendant files an answer, his or her answer can conform to the same numbering system. For example, a plaintiff pleads, in Paragraph 8, “At all times relevant herein, Defendant was the owner of the motor vehicle.” Then, when Defendant files an answer, he or she can write simply “admitted” or “denied.” The more complicated or complex the paragraph, the harder it will be for a defendant to admit it. One goal is to draft paragraphs that are simple enough, factually, for a defendant to admit.
Finally, a complaint must contain a demand for entry of a judgment for the relief to which the pleader deems himself or herself entitled. That is what most attorneys refer to as the “wherefore” clause because it usually starts with the word “WHEREFORE,” usually in all caps. There’s no rule requiring that we use the word “wherefore,” but that’s the way it’s always been done, so that’s the way we all do it. (Sometimes lawyers do things just because it’s always been done that way, and really have no other reason.)
Exhibits and Pleadings
Exhibits may — and sometimes must — be attached to a Complaint. The Rules require that litigants attach (or otherwise incorporate) material portions of all bonds, notes, bills of exchange, contracts, accounts, or other documents that are the basis of the action being brought. However, the plaintiff may not attach or make unnecessary recitals of such documents that are not the basis of the action. Therefore, you do not need to attach all your evidence — just the documents on which the lawsuit is based. Any exhibit attached to a pleading will be considered a part of the complaint.
Navigating the Legal Labyrinth
Navigating the nuances of the Florida Rules of Civil Procedure in a complaint can be perplexing for non-lawyers. The rules permit a party to raise, in a single lawsuit, numerous claims, causes of action, or defenses, even if they are inconsistent or based on different legal or equitable grounds. Claims can also be stated “in the alternative,” meaning that, if one statement is valid on its own, the presence of other, insufficient statements does not invalidate the pleading. This flexibility is designed to ensure that justice is served by allowing parties to present all their arguments comprehensively.
Conclusion: The Importance of Proper Pleading
Filing a complaint is the critical first step in a lawsuit, setting the stage for the legal battle ahead. Understanding the essential elements of a complaint can demystify the process for potential litigants, emphasizing the importance of clarity, precision, and adherence to procedural rules. Whether you are a seasoned litigator or someone considering their first lawsuit, knowing how to effectively craft and file a complaint is fundamental to achieving a just outcome.
If you need assistance with a lawsuit, or a potential lawsuit, feel free to give us a call at 407-965-5519 or send a message through our contact form.
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