In legal terminology, a complaint refers to a formal legal document filed by a plaintiff (the party initiating a lawsuit) in civil court proceedings. The complaint outlines the plaintiff’s allegations against the defendant (the party being sued) and the legal basis for the lawsuit. It typically contains a statement of facts relevant to the case, the legal claims asserted by the plaintiff, and the relief or remedy sought by the plaintiff, such as monetary damages or injunctive relief. The complaint serves to notify the defendant of the lawsuit and the specific claims being brought against them, providing them with an opportunity to respond and defend themselves in court. Once filed, the defendant is typically required to respond to the complaint within a specified time frame, either by filing an answer admitting or denying the allegations or by seeking to have the complaint dismissed through legal motions. The complaint initiates the formal legal process and sets the stage for the subsequent proceedings in the case.
A complaint is a legal document filed by a plaintiff in a civil case outlining the allegations against the defendant and the relief sought by the plaintiff. It serves as the initial pleading in a lawsuit and provides the defendant with notice of the claims being made against them. The complaint typically includes a statement of jurisdiction, a factual background of the case, the legal claims being asserted, and a request for specific remedies or damages. It is an essential part of the litigation process and sets the stage for the defendant’s response and the subsequent proceedings in the case.
n. the first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another. The party filing the complaint is usually called the plaintiff, and the party against whom the complaint is filed is called the defendant or defendants. Complaints are pleadings and must be drafted carefully (usually by an attorney) to properly state the factual as well as legal basis for the claim, although some states have approved complaint forms that can be filled out by an individual. A complaint also must follow statutory requirements as to form. For example, a complaint must be typed on a specific type of paper or on forms approved by the courts, name both the party making the claim and all defendants, and state what damages or performance are demanded (the prayer). When the complaint is filed, the court clerk will issue a summons, which gives the name and file number of the lawsuit and the address of the attorney filing the complaint, and instructs the defendant that he/she/it has a specific time to file an answer or other response. A copy of the complaint and the summons must be served on the defendant before a response is required. Under a unique statute, New York allows a summons to be served without a complaint. A complaint filing must be accompanied by a filing fee payable to the court clerk, unless a waiver based on poverty is obtained.
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states and in some types of legal actions, such as divorce, complaints are called petitions, and the person filing them is called the petitioner. To complete the initial stage of a lawsuit, the plaintiff’s complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. In practice, few lawyers prepare complaints from scratch. Instead, they use—and sometimes modify—pre-drafted complaints widely available in form books.
A complaint is a formal legal document filed by a plaintiff to initiate a lawsuit against a defendant. It outlines the allegations and legal claims against the defendant.
To file a complaint, you need to draft a written document stating the facts of your case and the legal claims you are making. This document is then filed with the appropriate court and served on the defendant.
Yes, there is a statute of limitations that sets a specific time limit within which a complaint must be filed. The time limit varies depending on the type of case and jurisdiction, so it is important to consult with an attorney to determine the applicable deadline.
Yes, you can file a complaint without an attorney, but it is generally recommended to seek legal advice. Attorneys have the expertise to ensure your complaint is properly drafted and filed, increasing your chances of success.
Your complaint should include a clear and concise statement of the facts, the legal claims you are making, and the relief or damages you are seeking. It should also identify the parties involved and the court where the complaint is being filed.
After filing a complaint, the defendant is served with a copy and given a specific time frame to respond. The court then proceeds with the litigation process, which may involve discovery, settlement negotiations, and ultimately a trial if the case is not resolved.
If the defendant fails to respond to your complaint within the specified time frame, you may be able to request a default judgement from the court, which means you win the case by default. However, the court’s rules and procedures must be followed.
Yes, you can generally withdraw your complaint voluntarily. However, it is important to consider the potential consequences and consult with an attorney before making this decision, as it may impact your legal rights and ability to refile the complaint.
The remedies you can seek in your complaint depend on the nature of your case. Common remedies include monetary damages, injunctions, specific performance, or declaratory judgements. It is important to consult with an attorney to determine the appropriate remedies for your specific situation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April, 2024.
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