Checklists and Litigation Budget

• Pages: 108-111
• Author: Janet S. Kole

Checklistfor Drafting AComplaint

1. Talk to your client.

2.Be sure you understand the facts, the issues, and what

your client wants.

3.Investigate the facts.

4.Investigate the applicable law,including the statute of

limitations.

5.Determine the causes of action available, and the ele-

ments of each cause.

6. Determine the remedies available to your client.

7.Choose aforum to sue in.

8.Be sure you have the right venue.

9.Be sure you can obtain personal jurisdiction over the

defendant.

10. Be sure the defendant can be served.

11.Be sure your chosen forum has subject matter jurisdic-

tion.

12.Determine if the complaint must be verified (sworn to).

13.Ask for ajury trial if you want it.

14. Determine the filing fee and any other local require-

ments for filing the complaint, such as cover sheets.

108 Pleading Your Case: Complaints and Responses