What is a civil lawsuit?
A civil lawsuit is a court-based process involving a legal dispute between two or more parties. The intent of a civil lawsuit is usually to hold another party liable for some type of harm or wrongful act. If the party filing the lawsuit is successful, he or she will usually be awarded compensation for the harm that resulted from the other party's action or inaction.
Civil law applies when a person, business, or other entity sues another person, business, or other entity. Criminal laws are the rules that apply when someone commits a crime. Read more about civil and criminal cases at LawHelp.org and the State Court website.
General information about civil lawsuits
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.
- 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 the amount of 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.
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.
- Basic steps in a civil lawsuit from Lawyers.com
- Litigation and the steps in a civil case from the Legal Information Institute
- You Want to Start a (Civil) Lawsuit: Resources from the King County Law Library
- Self-Represented Litigant Series videos from the King County Law Library
Superior Court Local 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.
Free eBook about representing yourself in court
How to find the eBook about representing yourself in court
Chapter 3 pertains to starting your case (pages 54-64 pertain to jurisdiction)
Deciding where to file a civil lawsuit
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 what 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
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.