Lawsuit

===Pleading===
{{Main|Pleading}}

A lawsuit begins when a complaint or petition, known as a pleading,<ref>{{cite web|url=https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=s1eAEN1PR1BT04xNmrDrcw==|title=Pleading: AxonHCS|access-date=December 14, 2018|publisher=New York State Unified Court System}}</ref> is filed with the court. A complaint should explicitly state that one or more plaintiffs seek(s) damages or [[Equity (law)|equitable relief]] from one or more stated defendants, and also should state the relevant factual allegations supporting the legal claims brought by the plaintiffs. As the initial pleading, a [http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleadings.html/ complaint] is the most important step in a civil case because a complaint sets the factual and legal foundation for the entirety of a case. While complaints and other pleadings may ordinarily be amended by a motion with the court, the complaint sets the framework for the entire case and the claims that will be asserted throughout the entire lawsuit.

It is likewise important that the plaintiff select the proper venue with the proper jurisdiction to bring the lawsuit. The clerk of a court signs or stamps the court seal upon a [[summons]] or citation, which is then [[Service of process|served]] by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they are limited in the amount of time to reply. The service provides a copy of the complaint in order to notify the defendants of the nature of the claims. Once the defendants are served with the summons and complaint, they are subject to a time limit to file an [[Answer (law)|answer]] stating their defenses to the plaintiff's claims, which includes any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff.

In a handful of jurisdictions (notably, the [[U.S. state]] of [[New York (state)|New York]]) a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendants. In such jurisdictions, nothing must be filed with the court until a dispute develops requiring actual judicial intervention.

If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to the allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against the plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. The defendant may also file a "[[third party complaint]]", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for the plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase.

Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a [[demurrer]] (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that the motion be filed within the time period specified in the summons for an answer. If all of the above motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), and finally the defendant ''must'' file an answer.

Usually the [[pleading]]s are drafted by a [[lawyer]], but in many courts persons can file papers and represent themselves, which is called appearing ''[[pro se]]''. Many courts have a [[pro se clerk|''pro se'' clerk]] to assist people without lawyers.