What forms are required to file a petition and where can I find them? There is no required form to file a petition. You can file the petition in any format you choose. However, two convenient options are available for filing a petition: 1) filing online or 2) filing by mail using a standard petition form.
In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit. You may also write your own complaint without using a court form.
Petitions MUST be signed in the presence of a Notary Public or a Family Court Clerk. Once your petition is completed and your signature notarized, you can either mail it to Family Court or submit it in person during our stated business hours. Paternity Petitions must be submitted with a copy of the Birth Certificate.
Service may be made through the NYSCEF site, or by any other service method permitted by the CPLR, provided that, if one of such other methods is used, proof of service shall be filed electronically.
How do I organize an effective petition? Choose a topic and target. What is the situation you want to change, and who has the power to make that change? ... Keep the petition language short and simple. Collect signatures. Deliver your petition!
Most states have sample petition forms that you can fill in online. If your state does not have forms available online, you may be able to get the forms by asking the court clerk in the courthouse where you want to file your petition.
The key to drafting a successful pleading is to make sure that you have a clear idea of what the claims are that your client is making and relevant proof for each of those claims. Then you should state the events in a chronological and logical order.
Explain why you deserve leniency, such as ignorance or misinformation about your actions, the severity and impact upon your life if the court imposes the maximum outcome, and an absence of a prior history of similar acts. Give the judge a good reason to help you. Don't be too proud to ask for help. Act humbly.
Draft your pleading on legal paper and include your identifying information and a caption that states the involved parties and case number. Draft the body with numbered paragraphs, double spacing, clear headings, and page numbers. Include a certificate of service in your submission.
1. Be extremely polite. Some phrases to consider, ``Your Honor, may I address the court, I have something I would like the court to know'', or, ``Pardon me your Honor, may I speak?'' 2. Stay calm. This is hard to do when you think you might be losing, but the calmer you are, the calmer the whole situation will be.