Complaint

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After completing the preliminary investigation, interviews, and research, the attorney determines whether to pursue the case.  If the decision is made to proceed, the litigation process formally begins and each party files pleadings in court.  Pleadings are various documents filed in a court proceeding that define the nature of the dispute between the parties.  Not all documents filed with the court are pleadings.  The term pleading technically refers only to papers that contain statements, or allegations, describing the contentions and defenses of the parties to the lawsuit.   

Unless a defendant defaults, both the plaintiff and the defendant file pleadings with the court.  The plaintiff first files the first pleading, a complaint, starting the basis for the lawsuit.  The defendant then has an opportunity to respond to the complaint as well as to file related claims that he or she may have.  In turn, a response is often filed to the defendant's claims.