This will help a pro se litigant (a non-lawyer) organize the facts and law into a complaint which can be finalized as per the laws of the court or forum.
1
Identify all necessary parties
This includes all defendants, and the trick is to know if your defendant is personally liable, or whether his or her business is the actual offender. You need to find out if the offender is organized as a corporation, LLC or other entity and the identity of the registered agent of the entity. For example, in Wisconsin, you would conduct a business search on the Wisconsin Department of Financial Institution's website (see the link below) and this would reveal the full name of the business, and the person that the business has designated to receive complaints in the event of a lawsuit.
2
Identify all possible legal claims
Review the facts of your case with a lawyer or otherwise conduct a detailed Internet search. You typically only get one "kick at the can" for claims stemming from one related incident against the same parties -- so make sure that you are not missing any. All claims are organized into a series of elements, and each element to a claim must be pleaded in plain English, and written to correspond with the facts of your case. For example, if one of your claims was "tortious interference with contract," you would need to plead specific facts establishing that each of the following elements are met: (1) legal contract; (2) actor's knowledge of the existence of the contract; (3) actor's intention to induce the breach; (4) the wrongdoer acted maliciously; (5) breach of contract; (6) the wrongful act is the proximate cause of the breach of contract; and (7) damages.
3
Organize your facts into short, coherent and numbered paragraphs
This is self explanatory, and if you read my "do it yourself trial guide" then you know the game. Organize only the relevant facts in chronological order. One fact per paragraph. No drama.
4
Add exhibits
I am a fan of showing the strength of your case right off the bat. If you have supporting evidence in the form of documents or photographs, identify them within your facts and attach them to the complaint.
5
Ask for damages
This is called the prayer for relief. If your claim is based in tort, ask "damages in an amount to be determined at trial."
If the claim is based in contract, state the precise amount of the damages as a result of the breach. Check and see whether a state statute provides you with attorneys' fees, double damages and costs, and add that to the mix. Finally, close your prayer for relief with the following, "and any other relief deemed just and equitable by the court."
Good luck and happy suing!! Conduct an Internet search for additional articles, sample pleadings and information on these issues.
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