Complaint

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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.

Contents

In Civil Law, a "complaint" is the 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

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

Example page from Complaint in Anderson v. Cryovac landmark case. Complaint andr cryovac.jpg
Example page from Complaint in Anderson v. Cryovac landmark case.

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] (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

Before filing the complaint, it is important for plaintiff(s) 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, each party is generally responsible only for its own attorney fees, with certain exceptions. [20]

England and Wales

In 1883, the Rules of the Supreme Court replaced the term complaint with statement of claim. This was then replaced in 1998 with particulars of claim by the Civil Procedure Rules, which also replaced the word plaintiff with claimant as part of a drastic reform of English legal terminology. Thus, in England and Wales, a claimant now initiates a claim by filing a claim form (instead of a writ of summons), and either pleads particulars of claim on the claim form itself or as a separate document.

See also

Related Research Articles

A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly an American phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers.

A plaintiff is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order. "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".

In law as practiced in countries that follow the English models, a pleading is a formal written statement of one party's claims or defenses in response to another party's complaint(s) in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action.

A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.

A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the defendant. A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial."

A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading.

<span class="mw-page-title-main">Discovery (law)</span> Pre-trial procedure in common law countries for obtaining evidence

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.

The Federal Rules of Civil Procedure govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body.

Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition.

Hickman v. Taylor, 329 U.S. 495 (1947), is a seminal United States Supreme Court case in which the Court recognized the work-product doctrine, which holds that information obtained or produced by or for attorneys in anticipation of litigation may be protected from discovery under the Federal Rules of Civil Procedure. The Court's decision in the case was unanimous.

Pro se legal representation comes from Latin pro se, meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney.

<span class="mw-page-title-main">Wisconsin circuit courts</span>

The Wisconsin circuit courts are the general trial courts in the state of Wisconsin. There are currently 69 circuits in the state, divided into 10 judicial administrative districts. Circuit court judges hear and decide both civil and criminal cases. Each of the 249 circuit court judges are elected and serve six-year terms.

The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for more than $25,000. In criminal matters, the Circuit Courts are the trial courts for all felony charges and for misdemeanors originally charged there. The Circuit Courts also have appellate jurisdiction for any case from the Virginia General District Courts claiming more than $50, which are tried de novo in the Circuit Courts.

Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American law, civil procedure is not reserved to the federal government in its Constitution. As a result, each state is free to operate its own system of civil procedure independent of her sister states and the federal court system.

Civil discovery under United States federal law is wide-ranging and can involve any material which is relevant to the case except information which is privileged, information which is the work product of the opposing party, or certain kinds of expert opinions. Electronic discovery or "e-discovery" is used when the material is stored on electronic media.

Pleading in United States Federal courts is governed by the Federal Rules of Civil Procedure.

An initial conference is one of the first steps of the discovery process in a civil case. In the U.S. federal court system, initial conferences are governed by Rule 26 of the Federal Rules of Civil Procedure.

<i>Blumenthal v. Trump</i> Lawsuit between members of Congress and Donald Trump concerning emoluments

Blumenthal v. Trump, 949 F.3d 14, was a U.S. constitutional law and federal civil procedure lawsuit heard by Circuit Judges Henderson, Tatel, and Griffith, of the United States Court of Appeals for the District of Columbia Circuit. The case was on appeal from the United States District Court for the District of Columbia, where District Judge Emmet G. Sullivan granted in part and denied in part the President's motion to dismiss for lack of standing, denied the President's motion to dismiss for failure to state claim, and certified interlocutory appeal.

Frank v. Gaos, 586 U.S. ___ (2019), was a per curiam decision by the Supreme Court of the United States in a case concerning the practice of cy pres settlements in class action lawsuits. Following oral argument, the court asked the parties to submit supplemental briefs addressing whether the parties had Article III standing to pursue the case in federal courts. Supplemental briefing was completed on December 21, 2018. On March 20, 2019, the court remanded the case to the Ninth Circuit to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.

References

  1. ↑ "Summary of civil case proceedings" (PDF). United States District Court, Northern district of Illinois. Archived (PDF) from the original on 2016-12-12. Retrieved 25 May 2022.
  2. ↑ "Pro Se Litigant Guide - Utah" (PDF). Archived from the original (PDF) on 2011-06-17. Retrieved 2011-05-12.
  3. 1 2 "Civil Rights Complaint Guide - Utah" (PDF). Archived from the original (PDF) on 2012-09-07. Retrieved 2011-05-12.
  4. ↑ "Pro Se Guide - SC" (PDF). Retrieved November 21, 2019.
  5. ↑ "US District Court of Idaho - PRO SE HANDBOOK". Archived from the original on 2000-08-15.
  6. ↑ "Drafting Legal Documents, Definitions". National Archives. August 15, 2016. Retrieved November 21, 2019.
  7. 1 2 "Rule 4 - Summons". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
  8. ↑ "Rule 12. Defenses and Objections; Judgment on the Pleadings ... | FRCP". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
  9. ↑ "FRCP 26. Duty to Disclose; General Provisions Governing Discovery". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
  10. ↑ "An Examination of Citation Counts in a New Scholarly Communication Environment". dlib.org. Retrieved November 21, 2019.
  11. ↑ "Google Scholar". Archived from the original on 2004-12-29.
  12. 1 2 "Public Access to Court Electronic Records". www.pacer.gov. Retrieved November 21, 2019.
  13. ↑ "Trial Documents". Resource Collections. Retrieved November 21, 2019.
  14. ↑ "LOCAL COURT RULES". Archived from the original on 2010-05-22.
  15. 1 2 "Local Rules of U.S. District Court, District of Indiana" (PDF). Archived from the original (PDF) on 2006-09-23.
  16. 1 2 "Local Rules of U.S. District Court, District of Oklahoma" (PDF). Archived from the original (PDF) on 2009-12-29.
  17. 1 2 "Local Rules of U.S. District Court, District of Oregon". Archived from the original on 2010-05-27.
  18. 1 2 3 "Rule 5.2 - Privacy Protection for Filings Made with the Court". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
  19. ↑ "Rule 54 - Judgment; Costs". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
  20. 1 2 CRS. "Awards of Attorneys' Fees by Federal Courts and Federal Agencies" (PDF). Archived (PDF) from the original on 2006-04-26.
  21. ↑ "Fox v. Vice, 131 S. Ct. 2205 - Supreme Court 2011 - Google Scholar" . Retrieved November 21, 2019.
  22. ↑ "Attorneys' Fees in Federal Civil Rights Lawsuits" (PDF). Archived (PDF) from the original on 2011-09-19. Retrieved November 21, 2019.
  23. ↑ "Rule 11 - Signing Pleadings, Motions, and Other Papers; ... | 2019 FRCP". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
  24. ↑ "Pro Se Guide - South Carolina" (PDF). Retrieved November 21, 2019.
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