Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Legal documents can be confusing with their formal language and complex structure. Understanding what each document is and what it means helps you navigate the legal system more effectively. The U.S. Courts website provides official information about federal court procedures and document requirements.
Keep Everything: Every document you receive related to a legal matter should be kept. Organize by date and type. You may need them later.
Pleadings
Documents that start and frame a lawsuit:
Complaint (or Petition)
- Filed by plaintiff to start lawsuit
- States claims against defendant
- Alleges facts supporting claims
- Requests specific relief (money, etc.)
- Must be served on defendant
Summons
- Official notice of lawsuit
- Tells defendant they're being sued
- States deadline to respond
- Served with complaint
- Warns of default if no response
Answer
- Defendant's response to complaint
- Admits or denies each allegation
- States defenses
- May include counterclaims
- Must be filed by deadline
Counterclaim
- Defendant sues plaintiff back
- Filed with answer usually
- Plaintiff must respond
Deadlines Matter: Each document has a deadline. Missing deadlines can result in default judgment or waiver of rights. Calendar every deadline immediately.
Motions
Requests for court to do something:
Motion to Dismiss
- Argues case should be thrown out
- Various grounds (jurisdiction, failure to state claim)
- Filed early in case
- Must be responded to
Motion for Summary Judgment
- Argues no trial needed
- No disputed facts requiring trial
- Asks judge to decide as matter of law
- Often filed after discovery
Motion to Compel
- Forces other side to respond to discovery
- Filed when they don't cooperate
- Court orders compliance
Motion for Continuance
- Asks to postpone hearing/trial
- Needs good cause
- Other side may oppose
Discovery Documents
Interrogatories
- Written questions
- Must be answered under oath
- Limited number allowed
- 30 days to respond typically
Requests for Production
- Demand for documents/things
- Must produce or object
- Covers documents in your possession
Requests for Admission
- Ask to admit facts
- Admitted if not denied
- Streamlines trial issues
Subpoena
- Court order to appear/produce documents
- Enforceable by contempt
- Can be served on non-parties
- Two types: testimony and documents
Subpoena Power: Subpoenas can compel third parties (banks, employers, witnesses) to provide testimony or documents. Powerful discovery tool.
Court Orders
Order
- Judge's written directive
- Must be followed
- Violation = contempt
- Can be appealed in some cases
Judgment
- Final court decision
- States who wins and how much
- Enforceable against loser
- Can be appealed
Injunction
- Order to do or stop doing something
- Temporary or permanent
- Violation = contempt
Evidence Documents
Affidavit/Declaration
- Written statement under oath/penalty of perjury
- Used to present facts to court
- Can support motions
- Lying = perjury
Exhibit
- Document or object offered as evidence
- Must be authenticated
- Numbered/lettered for identification
- Attached to filings
Notice Documents
Notice of Hearing
- Tells when and where hearing is
- Must be received in advance
- Calendar immediately
Notice of Appeal
- Formal notice you're appealing
- Strict deadline (usually 30 days)
- Starts appeal process
Settlement Documents
Settlement Agreement
- Written contract resolving dispute
- Specifies terms of resolution
- Usually includes release of claims
- Binding once signed
Release
- Gives up right to sue
- Part of settlement usually
- Read carefully before signing
- May be general or limited
Stipulation
- Agreement between parties
- Often filed with court
- Can resolve procedural issues
- May dismiss case if settlement
Read Before Signing: Never sign a settlement agreement or release without fully understanding it. Once signed, you typically can't undo it.
Post-Judgment Documents
Writ of Execution
- Authorizes enforcement of judgment
- Allows garnishment, levy
- Issued by court clerk
Satisfaction of Judgment
- Filed when judgment is paid
- Releases judgment debtor
- Required by law when paid
Understanding Document Structure
Caption
- Top of every court document
- Names court and parties
- Shows case number
- Identifies document type
Body
- Main content
- Usually numbered paragraphs
- States facts or arguments
Signature Block
- Who prepared document
- Contact information
- Must be signed
Start with a Demand Letter
Before court documents, a demand letter may resolve your dispute.
Create Your Letter