• Petitions are a way to demand the government take an action or change something.document image by AGphotographer from Fotolia.com
  
  A petition is a document that you file with a court or administrative agency asking it to take action or to change something. Petitions vary widely in relief sought, with two examples being petitions for habeas corpus (release of a prisoner) and those requesting an injunction. Like complaints, petitions open a civil case, but petitions go through an abbreviated process that results in quicker resolution.
  
  

Format

• The format of a petition is straightforward. The petition has the name of the court or agency in which it is filed at the top, followed by the case caption. The case caption has the petitioner and respondent listed, as well as the case number, or a blank in which to put the case number when assigned. The petitioner is the person filing the petition, and the respondents are those who have an interest in the matter, and who oppose the petition. The title of the document (for example, "Petition for Probate") is next, followed by the argument text. Finally, the attorney or person filing the petition signs it.
  
  

Argument Text

• The argument text is the longest part of a petition. In this text, the petitioner describes who he is, why he is coming before the court, and what he wants the court to do. He must explain in succinct argument why the court has the authority to take action (called "jurisdiction") and why the court should take that action. The petitioner must give the factual background to the case and must describe case law and statutes that support his position, to the extent available. At the end of the argument text, there may be a separate "Prayer for Relief," wherein the petitioner will restate his position and request in a single sentence.
  
  There are rules particular to every jurisdiction and court that govern the filing of documents generally and pleadings specifically. In the case of administrative courts in particular, it is essential that all required components are included or the court may dismiss the petition on procedural grounds.
  
  

Where to File

• Before filing a petition, you must determine which court or administrative agency has jurisdiction over the subject of the petition. This can be complicated, but your local state court is the best place to start. The majority of petitions filed by pro se litigants are filed in state court. You may have to bring certain issues such as environmental concerns in specific courts or agencies, depending on the state. The clerk of your local state court may be able to steer you in the right direction. If you file in the incorrect court, the petition will be denied, but you can refile in the correct court so long as not too much time has passed.