How to File a Libel Lawsuit in State Court

1). Decide whether you have actually been libeled. To be libeled, the information must be false, it must harm your reputation, more than one other person must have read the offending material, it must obviously be about you and it must have been negligent, unless you are a public figure in which you will have to prove actual malice. Actual malice is more difficult to prove than plain negligence in that you will have to prove that the person who allegedly committed libel knew the statement was false and defamatory.
2). Contact the newspaper, magazine or television station that libeled you if you were libeled by one of these entities. Request that they run a retraction. This is required of you to do prior to filing a case.
3). Seek out an attorney to represent you throughout your defamation trial. Because State Rules of Civil Procedure can be fairly complex, you will need your attorney to draft and file all relevant documents, including the initial complaint. There are many resources to use to find an attorney, including referrals from friends or local bar associations.
4). Supply your attorney with all relevant information so that she can draft a complaint. The information that you will need to provide includes the names of the parties that libeled you, background on why the offending material is libelous, how the libelous material hurt your reputation and what damages you are seeking to recover, including punitive damages.
5). Pay the filing fee to file your complaint in state court. The filing fee amount will vary from state to state and county to county. Depending on your arrangement with your attorney, he or she may foot the bill for the filing fee up front and expect you to pay it back at the close of the case.
6). Make sure your attorney arranges to have the complaint served to the defendant or defendants. This can usually be done either via certified mail or through a process server. A process server is a person who hand delivers court documents, including summons to appear in court.