PLEADINGS

Every complaint in an action for negligence must state, all facts which are essential to the cause of action with a reasonable degree of certainty as is necessary to inform the defendant of the acts or omissions on which his or her liability is based. In order to state a cause of action in negligence, the complaint should state:

•  a right on the part of the plaintiff,

• a duty on the part of the defendant with respect to that right,

• a breach of that duty by the defendant,

• the plaintiff has suffered an injury as a result of the breach of duty

In the District Court you will use a pre-designed complaint form for filing. You are limited to filing suit for damages not in excess of $25,000.00 in the district court. Also note that you can file for lesser amounts and avoid being forced to the circuit court on the defendant's request for jury trial. The defendant can move you to a jury trial on a filing seeking damages in excess of $9,999.99.

In the Circuit Court you draft the complaint from scratch. There is no pre-designed form. You are not limited to the amount of damages in the circuit court. As such you can ask as much as you like.

In both circumstances after you file the complaint the court will issue a summons. Once you receive the summons you serve both summons and complaint on the defendant. I prefer to also file discovery to the defendant at the time I serve the complaint.

For additional information please contact our firm.

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