In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.
In Civil Law, a “complaint” is the very first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the plaintiff to restore justice.[1]
In some jurisdictions, specific types of criminal cases may also be commenced by the filing of a complaint, also sometimes called a criminal complaint or felony complaint. Most criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power of the state with the goal of seeking criminal sanctions, such as the State (also sometimes called the People) or Crown (in Commonwealth realms). In the United States, the complaint is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process. In most U.S. jurisdictions, the charging instrument presented to and authorized by a grand jury is referred to as an indictment.
United States[edit]
Virtually every U.S. state has some forms available on the web for most common complaints for lawyers and self-representing litigants; if a petitioner cannot find an appropriate form in their state, they often can modify a form from another state to fit his or her request. Several United States federal courts publish general guidelines for the petitioners and Civil Rights complaint forms.[2][3][4][5]
A complaint generally has the following structural elements:[3]
After the complaint has been filed with the court, it has to be properly served to the opposite parties, but usually petitioners are not allowed to serve the complaint personally.[7] The court also can issue a summons - an official summary document which the plaintiff needs to have served together with the complaint. The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer a complaint can result in a default judgment in favor of the petitioner.
For example, in United States federal courts, any person who is at least 18 years old and not a party may serve a summons and complaint in a civil case.[7] The defendant must submit an answer within 21 days after being served with the summons and complaint, or request a waiver, according to FRCP Rule 12.[8] After the civil complaint has been served to the defendants, the plaintiff must, as soon as practicable initiate a conference between the parties to plan for the rest of the discovery process and then the parties should submit a proposed discovery plan to the judge within 14 days after the conference.[9]
In many U.S. jurisdictions, a complaint submitted to a court must be accompanied by a Case Information Statement, which sets forth specific key information about the case and the lawyers representing the parties. This allows the judge to make determinations about which deadlines to set for different phases of the case, as it moves through the court system.
There are also freely accessible web search engines to assist parties in finding court decisions that can be cited in the complaint as an example or analogy to resolve similar questions of law. Google Scholar is the biggest database of full text state and federal courts decisions that can be accessed without charge.[10] These web search engines often allow one to select specific state courts to search.[11]
Federal courts created the Public Access to Court Electronic Records (PACER) system to obtain case and docket information from the United States district courts, United States courts of appeals, and United States bankruptcy courts.[12] The system is managed by the Administrative Office of the United States Courts; it allows lawyers and self-represented clients to obtain documents entered in the case much faster than regular mail.[12]
Filing and privacy[edit]
Example page from Complaint in Anderson v. Cryovac landmark case.[13]
In addition to Federal Rules of Civil Procedure, many of the U.S. district courts have developed their own requirements included in Local Rules for filing with the Court.[14] Local Rules can set up a limit on the number of pages, establish deadlines for motions and responses, explain whether it is acceptable to combine a motion petition with a response, specify if a judge needs an additional copy of the documents (called 'judge’s copy'), etc.[15][16] Local Rules can define page layout elements like: margins, text font/size, distance between lines, mandatory footer text, page numbering, and provide directions on how the pages need to be bound together – i.e. acceptable fasteners, number and location of fastening holes, etc.[15][16][17] If the filed motion does not comply with the Local Rules then the judge can choose to strike the motion completely, or order the party to re-file its motion, or grant a special exception to the Local Rules.
According to Federal Rules of Civil Procedure (FRCP) 5.2, sensitive text like Social Security number, Taxpayer Identification Number, birthday, bank accounts and children’s names, should be redacted from the filings made with the court and accompanying exhibits,[18] (however, exhibits normally do not need to be attached to the original complaint, but should be presented to Court after the discovery). The redacted text can be erased with black-out or white-out, and the page should have an indication that it was redacted - most often by stamping word 'redacted' on the bottom. Alternately, the filing party may ask the court’s permission to file some exhibits completely under seal. A minor's name of the petitions should be replaced with initials.[18]
A person making a redacted filing can file an unredacted copy under seal, or the Court can choose to order later that an additional filing be made under seal without redaction.[18] Copies of both redacted and unredacted documents filed with court should be provided to the other parties in the case. Some courts also require that an additional electronic courtesy copy be emailed to the other parties.[17]
Attorney fees[edit]
Before filing the complaint, it is important for plaintiffs to remember that Federal courts can impose liability for the prevailing party's attorney fees to the losing party, if the judge considers the case frivolous or for purposes of harassment, even when the case was voluntarily dismissed.[19][20] In the case of Fox v. Vice, the U.S. Supreme Court held that reasonable attorneys' fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred 'but for the frivolous claims.' [21][22] Even when there is no actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting still can be awarded under FRCP Rule 11 when the opposing party files a Motion for Sanctions and the court issue an order identifying the sanctioned conduct and the basis for the sanction.[23] The losing party has a right to appeal any order for sanctions in the higher court.[24] In the state courts, however, each party is generally responsible only for its own attorney fees, with certain exceptions.[20]
See also[edit]References[edit]
External links[edit]
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Complaint&oldid=905279970'
While proceeding will appear to be associate degree impenetrable construct to somebody WHO isn’t associate degree lawyer, in some ways filing (or responding to) a proceedings is fairly easy. The Rules of Civil Procedure contain the foundations required to grasp however the method works. Of course, there are native rules for every territorial division court, and many years’ price of proceedings deciphering the foundations, however at its core, a proceedings isn’t as troublesome to grasp because it could seem.
Make A Complaint Civil Action FormRelated:
Generally a Customer Complaint Form contains a caption, listing that it’s being filed with; the names of the complainant and defendant; the case number; and also choose to whom the case is allotted. The document can typically conjointly embrace, in its header section so the reader can like a shot recognize what reasonably document it is.
Civil Complaint Form Sample
justice.gov
Civil Complaint Form StandardSample Civil Complaint For Negligence
stanct.org
Standard Civil Complaint Form
ed.gov
Simple Civil Complaint Form
dhs.gov
Basic Civil Complaint Form
judiciary.state.nj.us
Civil Complaint Form Format
in.gov
Civil Complain FormMake A Complaint Civil Action Letter
pacourts.us
Download Civil Complaint Form
dhs.wisconsin.gov
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Related PostsComplaint
ThePleadingthat initiates a civil action; inCriminal Law, the document that sets forth the basis upon which a person is to be charged with an offense.
Civil Complaint
A civil complaint initiates a civil lawsuit by setting forth for the court a claim for relief from damages caused, or wrongful conduct engaged in, by the defendant. The complaint outlines all of the plaintiff's theories of relief, or causes of action (e.g., Negligence, Battery, assault), and the facts supporting each Cause of Action. The complaint also serves as notice to the defendant that legal action is underway. The Federal Rules of Civil Procedure govern construction of complaints filed in federal courts. Many state courts follow the same rules as the federal courts, or similar rules.
The caption opens the complaint and identifies the location of the action, the court, the docket or file number, and the title of the action. Each party to the lawsuit must be identified in the caption and must be a real party in interest, that is, either a person who has been injured or harmed in some way, or a person accused of causing the injury or harm. In addition, a party must have the capacity to sue or to be sued. If a party lacks capacity owing to mental incompetence, for example, the suit may be dismissed. Any number of parties may be named and joined in a single lawsuit as long as all meet the requirements of capacity and all are real parties in interest.
Courts of limited–subject matter jurisdiction, such as federal courts, require the complaint to demonstrate that the court has jurisdiction to hear the case. In general-jurisdiction courts, such as most state courts, a jurisdictional allegation is unnecessary.
The most critical part of the complaint is the claim, or cause of action. The claim is a concise and direct statement of the basis upon which the plaintiff seeks relief. It sets forth the Rule of Law that forms the basis of the lawsuit and recounts the facts that support the rule of law. Finally, the claim concludes that the defendant violated the rule of law, thereby causing the plaintiff's injuries or damages, and that the plaintiff is entitled to relief. For example: A negligence claim might begin with a statement that the defendant owed a duty of care to the plaintiff; that the defendant breached that duty; and that, as a result, the plaintiff suffered injuries or other damages. The conclusion then states that because the defendant's breach was the cause of the plaintiff's injuries, the plaintiff is entitled to compensation from the defendant.
The complaint may state separate claims or theories of relief in separate counts. For example, in a negligence case, count 1 might be for negligence, count 2 for breach of Warranty, and count 3 for Fraud. Each count contains a separate statement of the rule of law, supporting facts, and conclusion. There is no limit to the number of counts a plaintiff may include in one complaint.
Federal courts and other jurisdictions that follow the Federal Rules of Civil Procedure require a brief, simple pleading known as a notice pleading. The notice pleading informs the defendant of the allegations and the basis for the claim. The rules require that the complaint contain 'a short and plain statement of the claim showing that the pleader is entitled to relief' (Fed. R. Civil P. 8[a]). Rule 8(c)(1) states, 'Each averment of a pleading shall be simple, concise, and direct.'
Following the claim, the prayer for relief or demand for judgment appears. Commonly called the wherefore clause, the prayer for relief demands judgment for the plaintiff and relief in the form of the remedies the plaintiff requests. The plaintiff may demand relief in several forms. Money damages are compensation for injuries and loss. General money damages cover injuries directly related to the defendant's actions—such as pain and suffering, or emotional distress. Special money damages arise indirectly from the defendant's actions and may include lost wages or medical bills. The court awards exemplary or Punitive Damages when the defendant's actions are particularly egregious. The purpose of punitive damages is to punish the defendant and deter similar wrongdoing. Other types of damages are recovery of property, injunctions, and Specific Performance of a contractual obligation. The plaintiff may demand alternative relief or several different types of relief, in the same complaint (Fed. R. Civ. P. 8[a]).
A demand for a jury trial may be included near the end of the complaint. The complaint must be signed by the plaintiff's attorney, indicating that the attorney has read the complaint; that it is grounded in fact, to the best of the attorney's knowledge, information, and belief; and that it is brought in Good Faith.
Criminal Complaint
A criminal complaint charges the person named or an unknown person with a particular offense. For example, after the bombing of a federal building in Oklahoma City in 1995, authorities issued a john doe complaint, charging an unknown person or persons with the crime.
A criminal complaint must state the facts that constitute the offense and must be supported by Probable Cause. It may be initiated by the victim, a police officer, the district attorney, or another interested party. After the complaint is filed, it is presented to a magistrate, who reviews it to determine whether sufficient cause exists to issue an arrest warrant. If the magistrate determines that the complaint does not state sufficient probable cause, the complaint is rejected and a warrant is not issued. In federal court, the complaint is presented under oath (Fed. R. Crim. P. 3).
Further readings
Federal Employees News Digest, eds. 2000. Whistleblowing: A Federal Employee's Guide to Charges, Procedures, and Penalties. Reston, Va.: Federal Employees News Digest.
Kahan, Jeffrey B. 2001. 'How to Prepare Response to Complaints.' Los Angeles Lawyer 24 (April).
McCord, James W.H. 'Drafting the Complaint: Defending and Testing the Lawsuit.' Practising Law Institute 447.
Cross-references
Civil Procedure.
While proceeding will appear to be associate degree impenetrable construct to somebody WHO isn’t associate degree lawyer, in some ways filing (or responding to) a proceedings is fairly easy. The Rules of Civil Procedure contain the foundations required to grasp however the method works. Of course, there are native rules for every territorial division court, and many years’ price of proceedings deciphering the foundations, however at its core, a proceedings isn’t as troublesome to grasp because it could seem.
Related:
Generally a Customer Complaint Form contains a caption, listing that it’s being filed with; the names of the complainant and defendant; the case number; and also choose to whom the case is allotted. The document can typically conjointly embrace, in its header section so the reader can like a shot recognize what reasonably document it is.
Civil Complaint Form Sample
justice.gov
Civil Complaint Form Standard
stanct.org
Standard Civil Complaint Form
ed.gov
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Simple Civil Complaint Form
dhs.gov
Basic Civil Complaint Form
judiciary.state.nj.us
Civil Complaint Form Format
in.gov
Civil Complain Form
pacourts.us
Download Civil Complaint Form
dhs.wisconsin.gov
If you have any DMCA issues on this post, please contact us!
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