The Process of a Civil Lawsuit
A civil case is a court case that involves disputes between people or businesses over money or injury to personal
rights. A civil lawsuit starts when a person (the “plaintiff”) claims to have been harmed by the actions of another
person or business (the “defendant”). If you seek to file the lawsuit without an attorney, you are considered a “pro
se party” (sometimes referred to as “pro se litigant”). Pro se litigants are held to the same standard as licensed
attorneys, so it is important you follow the rules and all applicable laws.
The plaintiff starts a court case in the pleading stage by filing a “complaint,” which is the document that outlines
the plaintiff’s facts and legal theories (“claims”). In the complaint, the plaintiff must also make a request for relief,
which is the legal remedy or solution to the plaintiff’s claim. The complaint is filed with the court, along with a
filing fee and a summons. Once approved by a clerk of the court, the defendant will be given notice of the
complaint and must respond with an answer.
The defendant will have a set amount of time to respond to the complaint (generally, 21 days). The defendant’s may
file an “answer,” where he/she will admit or deny the claims you made, which may include a counterclaim (a claim
for relief against you; you generally have 14 days to respond), or file a motion to dismiss (if granted, the case stops
at this point; if not granted, the case continues).
If you would like to start a civil case, please follow the steps described in this handout.
Please note that each case is fact dependent and may not follow these exact steps. This document is not legal advice
nor a substitute for an attorney.
For more terms and definitions, please see Appendix #1 (pages 7-8).
STEP 1: GATHER INFORMATION
To create a complaint, you will need to gather the following information:
• Your contact information: name, address, email, and phone number.
• The following contact information of the person or business you intend to sue: name, address, email, and
phone number.
• Enough facts of the situation/event to explain why you are suing.
• An explanation of what would fix the problem (money, an injunction, etc.).
Although you do not have to attach this to your complaint, it is always helpful to gather any information or
documents you plan to use in support of your case. This can include email interactions, pictures of injuries, contracts
between the parties, police reports, leases, and so on. We suggest placing all this information together in a folder or
binder!
BACKGROUND INFORMATION
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STEP 2: DRAFT THE COMPLAINT
Your complaint (and all filed documents) must be typed in size 11 or bigger font, on white (8.5” x 11”) paper. Idaho
Rule of Civil Procedure (I.R.C.P.) 2(a)(1).
To fill out a specified complaint form (custody modification, protection orders, divorce filing, housing, no contact
order, small claims, etc.) please visit the Ada County Clerk Website or the Court Assistance Website.
If you are interested in drafting your own complaint, it must include:
• A caption that identifies the plaintiff and defendant. I.R.C.P. 2(a)(2).
• A brief description of the parties, including their name(s) and address(es). I.R.C.P. 2(a)(2)-(5).
• Information on Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. I.R.C.P. 8(a)(1).
• A short and plain statement of the facts about why you are suing. I.R.C.P. 8(a)(2).
• A request for the relief you want (money, an injunction, etc.). I.R.C.P. 8(a)(3).
Important: When you sign your complaint form, you are certifying that you are not filing the complaint for any
improper purpose, such as to harass the other side, cause an unnecessary delay, or needlessly increasing the cost of
litigation. Further, you are stating that you are making a good faith argument based in the law and that you have
evidence to support the allegations you have made. I.R.C.P. 11(a).
For an example complaint, please see Appendix # 2 (pages 9-1011).
STEP 3: DRAFT THE SUMMONS
A summons is a legal document that will notify the person or business you are suing that their appearance is
required in court. I.R.C.P. 4(a)(1)(A)-(K).
If you would like to fill in a generic summons form provided by the Ada County Courthouse, please click here.
To draft your own summons, please use the same heading used in your complaint that included all yours and the
defendant’s contact information. Underneath your heading will be the following: state the time and place the
defendant must appear, notify the defendant that a failure to appear and/or respond will result in a default judgment
against them, and have the clerk’s signature. I.R.C.P. 4(a)(1)(A)-(K).
For an example of a summons, please see Appendix # 3 (page 11).
STEP 4: FILE COMPLAINT &
SUMMONS WITH THE COURT
Take a signed copy of your documents (the complaint and summons) and the filing fee to the courthouse you wish
to proceed through. For the cost of filing, please refer to the filing fee schedule. The best option is to take your
documents and file them in the county courthouse in the county the defendant resides in. I.R.C.P. 4(b)(1)-(2).
Remember to keep a copy of all the documents for yourself!
If you have barriers to transportation, there is an option to E-File your paperwork. For more information on E-
Filing, please visit the iCourt Guide and File Website.
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STEP 5: SERVE THE DEFENDANT(S)
Someone—other than you—serves the defendant(s) notice of the lawsuit. I.R.C.P. 4(c)(2). Each defendant must be
served (given a copy) of the papers you file at the court (the complaint and the summons.
To serve the defendant, someone 18 years or older (other than you), must deliver the documents to the defendant.
This can be done by certified mail or personal delivery. I.R.C.P. 4(c)(2).
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I.R.C.P. 4(c)(1) states that the plaintiff is responsible for furnishing the necessary copies to the person who
makes the service. When a defendant is served, they must receive a copy of the summons requesting their
answer and presence in court, and the complaint that states why they are being sued.
To serve someone, there are three different options available. As a reminder, you are not allowed to serve
the papers yourself. If you serve the papers yourself, the court has the authority to dismiss the case.
The following are options on ways to give papers to the defendant personally:
1. Ask someone 18 years or older, who is not interested in the lawsuit and is not involved in the
lawsuit to personally give each defendant a copy of the complaint and the summons. I.R.C.P.
4(d)(1)(A).
2. Pay a professional process server to serve the defendant. To do this, you will have to give the
process server a copy of all the court forms and explain exactly where to find the defendant (at
their home, place of work, etc.). I.R.C.P. 4(d)(1)(C).
3. Pay the Sheriff’s office to serve the papers (or the Marshal’s office for some counties). You must
tell them exactly where to find the defendant and the Sheriff or Marshall will serve the
information to the defendant. I.R.C.P. 4(d)(1)(C).
Once the papers are served, you are required to prove in writing that service was completed properly. How
to do this is discussed in Step 6.
How to Serve a Defendant with Papers
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STEP 6: CERTIFICATE OF SERVICE
It is required by I.C.R.P. 4(g)(1) that proof of service of process must be in writing, identifying all the documents
served, the date and time of service, and how the papers were served.
Once the defendant has been served, the completed Affidavit/Certificate of Service form must be returned to the
Clerk. The Affidavit Of Service Form can also be found in Appendix # 4 (page 12).
If you selected Option 1 from Step 5, please fill out the Affidavit of Service and return it to the Clerk.
If you selected Option 2 or 3 from Step 5, the professional process server or the Sheriff/Marshall will fill out the
Affidavit of Service for you, which you will then file with the Clerk.
At this point, you have started the process of a civil lawsuit!
STEP 7: WAIT FOR DEFENDANT’S
RESPONSE
Generally, the defendant has 21 days to file a written response to the complaint, often known as an answer. I.R.C.P.
8(b); I.R.C.P. 8(c).
In his/her answer, the defendant will do at least one of the following:
• Admit the claims: the defendant can admit to certain pieces of the claims or all of the claims, meaning
they agree with the facts in the complaint. I.R.C.P. 8(b)(2).
• Deny the claims: the defendant can deny certain pieces of the claims or all of the claims, meaning they
disagree with the facts in the complaint. I.R.C.P. 8(b)(2).
• State they do not have enough information: the defendant can file a motion with the court, which states
that your complaint was too vague for them to respond appropriately. I.R.C.P. 12(e).
• Make a counterclaim: the defendant can state that they have a counter-argument about the facts, which
explains their actions. I.R.C.P. 13(a); I.R.C.P. 13(b).
• File a motion to dismiss: the defendant can file a motion to dismiss, which states that your claim does
not have enough factual allegations to be true. I.R.C.P. 12(b)(6).
The defendant has the responsibility to serve you with their response. If the defendant fails to file a response, you
may seek a default and default judgment. A Default requests that the court grant your claim because the defendant
did not respond within the deadline. I.R.C.P. 55. (Note: you may not be able to receive a default judgment if the
defendant is in the U.S. Armed Forces).
ANYTIME BEFORE OR DURING JUDGMENT
Settlement Negotiations or Alternate Dispute Resolution [I.R.C.P. 37.1]
The parties can agree to stop the case by voluntarily settling the case at any time. Sometimes, the parties can
voluntarily resolve all their issues through a negotiated settlement or alternate dispute resolution such as mediation or
arbitration. Most cases are settled outside of court!
Settlement saves time and money and puts the parties in control of the outcome. Often the cost of settling can be less
than court costs and attorney’s fees, even for the party who wins the case.
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What are the Next Stages in a Lawsuit?
Discovery Stage
I.R.C.P. 26-37
Pre-Trial Stage
I.R.C.P. 16
Trial Stage
I.R.C.P. 42.2
Post-Trial Stage
I.R.C.P. 59
Discovery is a fact-finding process used by both sides to determine their
adversary’s legal claims and defenses.
Discovery can take different forms:
• Written questions which must be answered under oath.
• Sharing documents.
• Depositions, which are sworn statements taken in front of a
court reporter or other court officer.
During the trial, each side presents evidence to their claims. A brief is
provided by each party before the trial, which is an outline of the
arguments and evidence each side plans to present to the court.
The jury is then selected. After the evidence has been presented each
attorney will give their closing arguments. The jury, under instructions
from the court, will deliberate considering the evidence presented by
each side; a verdict will eventually be reached.
This is where the parties decide on a strategy, what witnesses to call, and
what evidence to submit. The court may order settlement meetings and
conferences, which you must attend.
After the judge and jury have heard the arguments, the judge will enter a
verdict. If one of the parties does not like the outcome, or the judge
made an error on an important portion of the case, there are two options.
First, either party can file an appeal, so that a higher court can review
the decision. Second, either party can file a motion for a new trial,
which means the previous verdict will be thrown out and a new trial will
start over.
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Appendix
Appendix Item #2:
Example Complaint
Appendix Item #1:
Glossary
Appendix Item #3:
Example Summons
Appendix Item #4:
Certificate/Affidavit
of Service
DOCUMENT | ITEM
PAGE #
Page 12
Pages 9-10
Page 11
Pages 7-8
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Term Definition
Plaintiff The party who brings a civil suit in the court of law.
Defendant A person sued in a civil proceeding.
Pro Se Litigant
One who represents oneself in a court proceeding without the assistance of a
lawyer.
Pleading
A formal document in which a party to a legal proceeding sets forth or responds
to allegations, claims, denials, or defenses.
Complaint
The initial pleading that starts a civil action and states the basis for the court’s
jurisdiction, the basis for the plaintiff’s claim, and the demand for relief.
Claims A statement that something yet to be proved is true.
Request for Relief A request addressed to the court and appearing at the end of a pleading.
Summons
A notice commencing the plaintiff’s action and requiring the defendant to answer
the plaintiff’s complaint and appear in court.
Clerk of the Court
A public official who works for the court and whose job is to keep records and
accounts.
Answer The defendant’s response to a complaint, pleading, or discovery request.
Counterclaim
A claim for relief asserted against an opposing party after an original claim has
been made, especially a defendant’s claim against the plaintiff’s initial complaint.
Appendix Item #1: Glossary
Definitions from: Black’s Law Dictionary
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Term Definition
Motion to Dismiss
A request that the court dismiss the case because of settlement, voluntary
withdrawal, or a procedural defect.
Affidavit
A voluntary declaration of facts written down and sworn to by a declarant, usually
before an officer authorized to administer an oath.
Affidavit/Certificate of
Service
A section of a pleading or motion filed with the court, usually contained separately
on the last page, in which the filing party certifies to the court that a copy has been
mailed to or otherwise served on all other parties.
Subject Matter Jurisdiction
The requirement that a given court have power to hear the specific kind of claim
that is brought to that court.
Personal Jurisdiction
The power that a court has to make a decision regarding the party being sued in a
case.
Venue
The proper place for a lawsuit to proceed, usually because the place has some
connection either with the events that gave rise to the lawsuit or with the plaintiff or
defendant.
Settlement
An agreement between the parties involved in a lawsuit, in which the parties arrived
at outside of and without the court’s participation.
Mediation
A method of non-binding dispute resolution involving a neutral third party who
tries to help the disputing parties reach a mutually agreeable solution.
Arbitration
A private process where disputing parties agree that one or several individuals can
make a binding decision about the dispute after receiving evidence and hearing
arguments.
Stipulation
A formal legal acknowledgment and agreement made between opposing parties
before a pending hearing or trial. (Example: agreed upon facts the parties do not
want to dispute in court).
Default Judgment
A judgment entered against a defendant who has failed to plead or otherwise defend
against the plaintiff’s claims against him/her.
Appendix Item #1: Glossary
(continued)
Definitions from: Black’s Law Dictionary
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Appendix Item #2: Example Complaint
IDAHO COUNTIES WITHIN JUDICIAL DISTRICTS
Judicial District 1: Boundary, Conner, Kootenai, Benewah, and Shoshone Counties
Judicial District 2: Latah, Nez Perce, Lewis, Idaho, and Clearwater Counties
Judicial District 3: Adams, Washington, Payette, Gem, Canyon, and Owyhee Counties
Judicial District 4: Valley, Boise, Ada, Elmore Counties
Judicial District 5: Camas, Gooding, Blaine, Lincoln, Jerome, Minidoka, Twin Falls, Cassia Counties
Judicial District 6: Power, Oneida, Bannock, Franklin, Caribou, Bear Lake Counties
Judicial District 7: Custer, Lemhi, Butte, Clark, Jefferson, Madison, Fremont, Teton, Bonneville, and Bingham
Counties
EXAMPLE CAPTION/HEADING
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Appendix Item #2: Example Complaint
(continued)
EXAMPLE BODY OF
COMPLAINT
First Page of
Complaint
(immediately follows
caption/heading)
Second Page of
Complaint
(immediately follows first
page of complaint)
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Appendix Item #3: Example Summons
