How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32341
Experience:  Employment Law Expert
11068102
Type Your Employment Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I want to start a cause of action intentional or negligent

Customer Question

I want to start a cause of action for either intentional or negligent infliction of emotional distress.
I am able to support my allegations of conduct by a defendant "`so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community'" (Murphy v American Home Prods. Corp., 58 NY2d 293, 303, supra [citation omitted]; see also, Howell v New York Post Co., 81 NY2d 115, 121-122).
How do I start such an action pro se?
Any information is greatly appreciated.
Jamie
Submitted: 10 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Are you asking what the steps to a lawsuit are?

Customer: replied 10 months ago.
any information is helpful.
Expert:  Dwayne B. replied 10 months ago.

Although most believe that every state court is different, in reality the process of a lawsuit is essentially the same everywhere in the U.S. with a few, minor procedural differences.

A lawsuit generally follows this process:

1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct

2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.

3) The sheriff will serve the defendant with the lawsuit.

4) The defendant will file their answer.

5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.

6) After that the next step is to set the case for trial.

7) During the trial you introduce your evidence and they introduce theirs.

8) The judge renders a judgment and a written order is then dawn up, usually by the winning party, and the judge signs it and it is entered by the clerk.

That is the basic process of a lawsuit.

If you are going to represent yourself you may want to pick up a good book on doing so. I always recommend the one at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-small-claims-court/ since it is both inexpensive and very good.

Related Employment Law Questions