General information
A civil lawsuit is a court-based process involving a legal dispute between two or more parties. Civil law applies when a person, business, or other entity sues another person, business, or other entity.
The intent of a civil lawsuit is usually to hold another party liable for some type of harm. If the party filing the lawsuit is successful, they will usually be awarded compensation for the harm that resulted from the other party's action or inaction.
Lawsuits are governed by state and local court rules. Court rules contain procedural and other information and apply to every case. See the Court rules page for more information.
Deciding whether or not to start
Civil lawsuits require time and money. Before you file a lawsuit, there are many things to consider. For example:
- Do you have a legal right to sue? What law or rules were broken?
- Who should you sue? Naming the correct party or parties is important. Deciding Who to Sue from the Maryland State Law Library has general information that also applies to Washington about how to sue different types of defendants. Use the Washington Corporations and Charities Filing System to search for businesses.
- You also want to think about damages. What remedy do you want from the court, are you entitled to it, and how will you prove your damages?
- Is it going to be possible to collect any money you are awarded by the court or is the person you are suing judgment-proof?
- Is it too late to sue? There are statutes of limitations that limit how much time you have to file a lawsuit. King County Law Library has an infographic showing the most common Washington statutes of limitations. Nolo also has a chart showing the most common ones.
King County Law Library has a guide to learn more about many things to think about when starting a civil lawsuit:
- You Want to Start a (Civil) Lawsuit: Resources from the King County Law Library
See the research a legal question page for more information.
Deciding where to file
Civil lawsuits can be filed in District Court or Superior Court. The jurisdiction of each court (what cases they are allowed to hear) is set by statute. The jurisdiction of the District Court is in RCW Section 3.66.020 and includes cases for up to $100,000. The jurisdiction of the Superior Court is in RCW Section 2.08.010 and includes all cases in equity and cases at law that are specified in the statute.
Small Claims is part of District Court. It offers a cheaper, faster, and simpler process for smaller cases when you are suing only for money. See the Small Claims page for more information.
Jurisdiction includes several overlapping concepts, but basically involves answering the question of which court has authority over your type of case and the people or entities you are suing. A related concept is venue, which means filing your case in the right geographic place. Venue is generally determined by where the person being sued resides or where an event took place.
- RCW Chapter 4.12 has information about venue
- Jurisdiction and venue for lawsuits from Justia
- Which Court Can Enter Custody Orders? Questions and Answers About Jurisdiction from Washington LawHelp
Creating documents for filing
A court case typically begins when someone files either a Petition or a Complaint, along with a Summons. The Petition or Complaint explains what the lawsuit is about and what you want the court to do. The Summons is notice to the other party about their right to appear in the case and be heard by the court.
Additional documents may be needed based on the type of case. For example, Superior Court Local Civil Rule LCR 40 “Assignment of Cases” requires many cases to have a court-ordered case scheduling order. If your type of case meets the requirement, you must file a Case Assignment to Judicial Department form when you file your case. The clerk will also provide you with a Case Information Cover Sheet when you file.
More documents may be required depending on the type of case, and court orders or actions that you are requesting. For example, you may be seeking emergency or temporary orders or a preliminary injunction.
Court rules specify how documents filed with the court must be formatted. The rules are in State Court General Rule GR 14.
- How to Format Court Documents from Washington LawHelp
- Roadmap to the Clark County Clerk’s Office from the Clark County Clerk (see sections II - Pleadings and III - Filing Documents)
The State Court does not provide pattern forms for most general civil lawsuits.
Self-help kit from the law library
The law library sells a Start a Civil Lawsuit in Superior Court self-help kit with forms and instructions to start a civil lawsuit in Superior Court against a person. It does not cover procedures after the initial filing and is not intended for District Court. Kits can be purchased at the library or online and mailed out.
Filing documents
After you complete your documents you need to photocopy them so that you have a copy for your records and there are copies to serve other parties. You need to file your documents with the appropriate court clerk and pay the filing fee. Superior Court and District Court have separate offices.
It may be possible to waive the filing fees if you meet income limits. Free forms to request a waiver of the filing fees are available at the courthouse, and from Washington LawHelp.
Free eBook about representing yourself in court
How to find the eBook about representing yourself in court
Chapter 3 pertains to starting your case