- 1). Write the preamble. The preamble states the parties and the cause. An example is "COMES NOW, the Petitioner (petitioner's name in parentheses) and files this his Petition for Dissolution of Marriage and further states:"
- 2). Write a separate numbered paragraph for each statement. Different things must be included for different types of cases. In a civil case, you must show jurisdiction of the parties by stating where each party lives or does business (in the case of a business entity being sued). In a divorce case, the petition tells that the parties cannot reconcile.
- 3). Outline all of the facts of the claim in the order they happened. Tell the story and why you're suing the defendant (called a respondent in a divorce case). Complaints must outline all of the relief requested. If a certain type of relief isn't contained in the complaint or petition, it can't be added without amending the petition or complaint. A petition or complaint may be amended before the defendant's answer. If the defendant has already answered, the plaintiff must obtain leave from the court to amend the complaint.
- 4). Refer to existing cases with the same set of circumstances. This can be done directly in the complaint or petition. Or, if the case has already been filed and you need to motion the court for specific relief, you can complete a memorandum of law, which is attached to the motion. A memorandum of law answers a specific question with case law and with references to statutes to back up case law. It must contain an introduction, statement of the case, question presented, argument and the conclusion.
- 5). Make sure your writing is clear and concise. Don't add any fluff. Keep in mind that the judge has many other cases and will want only the facts when reading your legal documents.
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