- 1). Obtain a standard form or a sample of a petition from the court clerk. Court clerks typically maintain forms and samples of basic court documents--or guidelines on what they need to contain--to assist a person lacking legal representation. Alternatively, an attorney can prepare a petition for you.
- 2). Complete the petition form. A petition calls for basic information including your name, the name and address of the defendant or respondent, and the basic facts surrounding the claim you make in your case. You also need to reference applicable law relating to your case. For example, in a divorce case you would cite the appropriate state statute that permits a spouse to ask for a dissolution of her marriage. Finally, you should state the remedy that you desire. Remedies may include money, the return of property, custody of your children, or some other tangible relief.
- 3). Sign the petition. Depending on the type of case you are filing, and the rules in your jurisdiction, you may need a verification on the petition. A verification is a statement in the petition that reads:
"The undersigned hereby verifies on her oath that the above and foregoing petition is true and correct to the best of her knowledge and belief."
If you include a verification on the petition, you must sign it in front of a notary public. - 4). File the petition with the clerk of the court.
- 5). Request the clerk of the court to arrange for the sheriff or other officer to serve the petition on the defendant or respondent. Service is necessary in order to proceed with the lawsuit. The defendant or respondent legally is entitled to be served with the court papers. The court clerk likely provides a form for you to complete to obtain service on the defendant or respondent.
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