In ADDITION to the complaint, there are other important forms that must be completed. You will also need to complete:
The first sheet that you will need to complete is the Civil Cover Sheet - CM-010. For assistance with completing the Civil Cover Sheet, please check out the samples from the California Courts website:
The summons is a notice to the other party that you are suing them, and you must complete this form and serve the other party. If you run out of room on the Summons SUM-100 and you want to sue additional parties, use the Additional Parties Attachment Summons - SUM-200-A, form. For assistance with completing the Summons, please check out the samples from the California Courts website:
The Case Questionnaire, DISC-010, is for Limited Civil Cases under $35,000 - ONLY. This is an OPTIONAL form for starting a lawsuit, and it is not required. Although this form is optional, as a pre-discovery option, you can strategically use the DISC-010 to obtain information from the defendant. If you choose to do this, you will have to complete the questionnaire and then you will send your completed questionnaire to the defendant, and also provide a blank questionnaire for the defendant to complete, to be served with the other documents.
This 4-page questionnaire is designed to get all of the facts out in the open to encourage a settlement. Additionally, only plaintiffs can initiate the use of the Case Questionnaire.
This form is not filed with the court.
Fee Waivers
Generally, the cost to file a lawsuit can be expensive. To file a Limited Civil suit it will cost $370 and Unlimited Civil suits cost $435 to file. Additionally, there may be more filing fees if you file motions during the course of the case or need to respond to motions filed by the Defendant. Click here to view the San Diego Superior Courts Civil Fee Schedule.
If you would like to ask the court to waive the filing fees, you will need to complete fee waiver forms FW-001, FW-003, and if you are requesting a jury trial, you will also need to complete FW-002.
For additional information, please visit:
FW-001 - Request to Waive Court Fees
Prior to completing the Request to Waive Court Fees (FW-001), please read the Information Sheet (FW-001-INFO). The information sheet provides important information that you need be aware of prior to completing the fee waiver request. You may have to disclose certain financial information to the court, so you should have your financial documents readily available. It is important to make sure that you are providing the court with the most accurate and up to date information.
FW-003 - Order on Court Fee Waiver
This is the court order that will either grant or deny your fee waiver request. You will only need to complete certain portions of this form, because the court will complete the rest. For assistance with completing the page, please visit:
FW-002 - Request to Waive Additional Court Fees
If you are requesting a fee waiver on form FW-001, you may also need to complete form FW-002 to request that the court waive additional fees. Additional fees that you may need to request to waive are:
For assistance with completing the form, please visit:
Once you file your documents with the court, the court fills out the Notice of Case Assignment and Case Management Conference and stamped (conformed) copies of the cover sheet, summons and complaint. The court will also provide you with the Alternative Dispute Resolution (ADR) packet and e-Filing Notice and Requirements. When you serve the defendant(s) the civil cover sheet, the Complaint, Summons, Notice of Case Assignment and Case Management Conference, you must also serve the defendant(s) a blank copy of the ADR packet. (San Diego Court Rule 2.1.3, California Rules of Court 3.221(a)). Also, see Step 6: File and Serve regarding what documents need to be served on the defendant(s) and how to serve the defendant(s).
The ADR stipulation only has to be completed if both parties agree (stipulate) to go to ADR. You and the defendant(s) can agree to mediation at any time prior to the case management conference. During the case management conference, the judge will encourage you and the defendant to participate in ADR. San Diego Court Rules - Chapter 3 - Alternative Dispute Resolution (ADR).
For more information, please visit the San Diego Courts website, here, and the California Courts website, here, that provides information that may be helpful. Also, there is a resource in the library, the Rutter Group California Practice Guide - Alternative Dispute Resolution KFC 1093.K54, that may provide additional information.