Filing a lawsuit with the court is the first step for any plaintiff in a civil case. These documents identify who you are suing, the basis of your lawsuit and the court in which your lawsuit is filed. You can only file a suite by providing documents to the court and the person you are suing. Below you will find the most common legal forms used to pursue a personal injury claim in the state of California.
Alternative Dispute Resolution
These are ways to settle a dispute pre-trial. Example, mediation, arbitration, and settlement conference.
Case Management
Case management is a way for the court to find out what is going on in your case. For example, how many days of trial will you need? Have you completed discovery? When you file a suit, the court will require you to attend and fill out statement prior to attending, throughout the life of the case. These are the forms you use.
Civil
Miscellaneous documents related to the civil litigation process.
Discovery
These documents are the bread and butter of getting answers to your questions. For example, do you have insurance? How much is your insurance policy? Were you on notice of any similar injuries? Do you accept liability for the accident? Great stuff. Can’t explain enough how important discovery is to winning a case. Cases are won through tedious and monotonous preparation, not through the great speeches we hear on Law and Order. Great lawyers are great preparers. They know all the details.
DISC-001 |
Form Interrogatories-General |
DISC-002 |
Form Interrogatories-Employment Law |
DISC-020 |
Request For Admission |
DISC-030 |
Commission to Take Deposition Outside California |
Electronic Filing and Service
The internet has been around for awhile now. These forms allow you to serve documents via email, but only with the consent of both parties.
EFS-005 |
Consent to Electronic Service and Notice of Electronic Notification Address (Electronic Filing and Service) |
Expedited Jury Trial
These are great when there are lower damages involved and you want your case heard quickly.
EJT-010-INFO |
Expedited Jury Trial Information Sheet |
EJT-020 |
[Proposed] Consent Order for Expedited Jury Trial |
EJT-020A |
Attachment to [Proposed] Consent Order for Expedited Jury Trial |
Fee Waiver
These forms are some of the most used forms in the court. Due to budget cuts, courts are increasing their fees for filings. However, under California law and the United States constitution, there are ways for low-income plaintiffs to still have their voice heard. Do not ever feel that you cannot file suit because you have no money. Most personal injury attorneys will represent you for free on a contingency basis and the court costs can get waived if you are low income. Stand up for yourself, whether you have change in your back pocket or not!
FW-005 S |
Notice of Waiver of Court Fees and Costs (Spanish) |
Proof of Service
These forms are what you use to file a proof of service. In my experience with pro per plaintiffs and litigants, this is the part of the process they screw up the most. The court will not even hear your case or listen to you at a hearing (in my opinion) if you show up and your proofs of service are not on file. I have seen so many judges spend 30 seconds with a pro per and say, “Are your proofs of service filed?” , “No” , “Ok then get out of here and hire a lawyer or come back by yourself when they are file, Next!”
Pleadings
PLD-PI-001 |
COMPLAINT – Personal Injury, Property Damage, Wrongful Death |
PLD-PI-001(1) |
Cause of Action – Motor Vehicle |
PLD-PI-001(2) |
Cause of Action – General Negligence |
PLD-PI-001(3) |
Cause of Action – Intentional Tort |
PLD-PI-001(4) |
Cause of Action – Premises Liability |
PLD-PI-001(5) |
Cause of Action – Products Liability |
PLD-PI-001(6) |
Exemplary Damages Attachment |
PLD-PI-002 |
Cross-Compliant-Personal Injury, Property Damage, Wrongful Death |
PLD-PI-003 |
ANSWER – Personal Injury, Property Damage, Wrongful Death |
Subpoena
Summons
SUM-100 |
Summons |
SUM-110 |
Summons-Cross-Complaint |
SUM-120 |
Summons (Joint Debtor) |
SUM-200A |
Additional Parties Attachment (Attachment to Summons) |
SUM-300 |
Declaration Of Lost Summons After Service |