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Instructions for Form C-1 or C-2

Back to the litigants page

First, consider referring to ISM-1 on whether you have a case. That guide also provides further instructions on later aspects of your case.

Get the Correct Form

Should You Use The Form?

If you have a complex complaint with more than five plaintiffs, a class action, or more complex circumstances you can consider drafting your own complaint. For help in drafting, you can refer to this federal court complaint or this state court complaint. Remember to include the core information required: the parties, the claim and damages, and the signature.

Using The Forms

If you have not recieved a complaint and summons, you should get Form C-1. If you have gotten a complaint and summons and you want to sue the party who filed the complaint back, use Form Form C-2. Otherwise, use Form C-4.

The Case Caption

First, write your name (the plaintiff is the person who sues) in the first line of the caption, on the left side. Next, write the name of the person you are suing (the defendant) below the v. If you are suing multiple people, write the first person's name and then write et al. after the first person's name. Do the same thing if there are multiple plaintiffs. If you are initiating a counterclaim (defendant sues the plaintiff), copy the plaintiff's caption onto yours. If you are initiating a class action, write in this format: (name(s) of plaintiffs), individually and for all others similarly situated.

Now to the right side of the caption. Do not fill in the case number! That is reserved for court use. You should, however, fill in the jury checkbox. Note that jury fees may apply if you choose a jury trial. You are now done with the case caption.

Part 1

Fill in the fields. If you have more than eight plaintiffs, you must submit a statement to the court stating all the plaintiffs. All plaintiffs must sign the complaint. In these instances you should consider drafting your own complaint or filing a class action.

Part 2

The Laws/Legal Doctrines

Here, you need to cite the laws that allow you to sue. For example, 42 USC 1983 allows anyone who was deprived of rights by a police officer to sue. For some acts, specific laws exist that allow you to sue. In other cases, the right was established by a legal doctrine in the common law, a body of law descending from judicial decisions. Rights like these include defamation (libel/slander) or negligence. For these lawsuits, writing in the legal doctrine is sufficent. For statutory rights of action (those codified in law), you can cite laws as follows:

• U.S. Code: (title) USC § (section)
• Florida Statutes Florida Statute (chapter).(section) or F.S. (chapter).(section)

Your Claim

Here, you need to write a claim arguing that the opposing side is liable. Do this by stating the facts that led to your harm; don't make legal arguments. Instead, list just the facts that led you to be harmed. You don't have to know all the details (you'll find the details in discovery). Instead, just state the basic facts: who, what, when, where. Don't write a lot; just write the basic facts that led to your harm and leave it at that.

Damages Statement

Now, write a basic summary of the damages you incurred and what you want in compensation. You can choose one, both, or all three of the below:

Money Damages: This is also known as compensatory damages, and are intended to compensate you for your harm. You should err on the higher side because unless you amend your complaint, the court can't award more money than you ask for here. But you shouldn't pick an outrageous amount. Pick a value that is reasonable and includes your expenses (e.g. medical bills) and damages.

Punitive Damages: If your opponent did something truly outrageous, punitive damages exist to compensate you and to punish them. You should ask for these only when your opponent has acted in a particularly harmful way.

Equitable Relief: This type of relief includes injunctions and the like and are used when money cannot solve the problem. An injunction is a court order for someone to do or stop doing something. It is typically only used when the conditions warrant it.

Parts 3 and 4

After reading the signature block, sign the complaint. If you have an attorney, they need to fill out Part 4. Otherwise, do not fill out that part.