complaint
American Heritage Dictionary:
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com·plaint
(kəm-plānt') 
n.
n.
- An expression of pain, dissatisfaction, or resentment.
- A cause or reason for complaining; a grievance.
- A bodily disorder or disease; a malady or ailment.
- The symptom or distress about which a patient seeks medical assistance.
- Law.
- The presentation by the plaintiff in a civil action, setting forth the claim on which relief is sought.
- A formal charge, made under oath, of the commission of a crime or other such offense.
[Middle English compleinte, from Old French complainte, from feminine past participle of complaindre, to complain. See complain.]
Barron's Business Dictionary:
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complaint
1. in a civil action, the first pleading of the plaintiff setting out the facts on which the claim is based. The purpose is to give notice to the adversary of the nature and basis of the claim asserted.
2. in criminal law, the preliminary charge or accusation made by one person against another to the appropriate court or officer, usually a magistrate. However, court proceedings, such as a trial, cannot be instituted until an indictment or information has been handed down against the defendant.
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Roget's Thesaurus:
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complaint
noun
- An expression of dissatisfaction or a circumstance regarded as a cause for such expression: grievance. Informal gripe, grouse. Slang beef, kick. Idioms: bone to pick. See happy/unhappy.
- A pathological condition of mind or body: ailment, disease, disorder, ill, illness, infirmity, malady, sickness. See health/sickness.
- A minor illness, especially one of a temporary nature: ailment, bug, indisposition, malady. See health/sickness.
Antonyms by Answers.com:
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complaint
n
Definition: grumbling
Antonyms: commendation, compliment, praise
n
Definition: illness, affliction
Antonyms: health
n
Definition: statement of disagreement, discontent
Antonyms: applause, approval, commendation, contentedness, happiness, praise, recommendation, sanction
Oxford Dictionary of Literary Terms:
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complaint
complaint, a kind of lyric poem common from the Middle Ages to the 17th century, in which the speaker bewails either the cruelty of a faithless lover or the advent of some misfortune like poverty or exile. This kind of monologue became highly conventional in love poetry, as can be seen from ‘The Complaint of Chaucer to His Purse’, in which the poet wittily addresses his light purse as if it were a ‘light’ (i.e. promiscuous) mistress. Chaucer also wrote serious complaints, as did Villon, Surrey, and Spenser. See also lament.
West's Encyclopedia of American Law:
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Complaint
This entry contains information applicable to United States law only.
The pleading that initiates a civil action; in criminal 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).
See: civil procedure.
Word Tutor:
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complaint
IN BRIEF: A verbal or written statement that finds fault.
Anna made a complaint about the service she received.
LearnThatWord.com is a free vocabulary and spelling program where you only pay for results!
Mosby's Dental Dictionary:
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complaint
n
Any ailment, problem, or symptom disclosed by the patient.
Random House Word Menu:
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categories related to 'complaint'
- Customs, Formalities, and Practices - complaint: plaintiff’s written claim in court proceedings
- Devices, Techniques, and Elements - complaint: lyric poem on subject of unrequited love or sadness
Wikipedia on Answers.com:
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Complaint
This article is about the legal usage. For complaints in other contexts, see complaint (disambiguation).
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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.
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. All 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.
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United States
Virtually every U.S. state has some forms available on web for most common complaints for lawyers and self-representing litigants; if a petitioner cannot find an appropriate form in his state, he often can modify a form from another state to fit his request. Several United States federal courts published general guidelines for the petitioners and Civil Rights complaint forms.[1][2][3][4]
Complaint generally has following structure elements:[2]
- Caption and Heading - lists name, address and telephone number of the filing attorney at the top of the complaint. The casecaption usually also indicates the court in which the case originates, names of the parties and brief description of the document.
- Jurisdiction and venue - this section describes why the case should be heard in the selected court rather than some other court or forum.
- Parties - identifies plaintiffs and defendants.
- Statement of facts - lists facts that brought the case to the court.
- Cause of Action - a numbered list of legal allegations (called "counts"), with specific details about application of the governing law to the each count. In this section plaintiff usually cites existing Law, previous decisions of current court, cases from other courts, as an analogy to resolve similar questions of law.
- Injury - plaintiff explains to the judge how the actions of the defendants harmed his rights.
- Demand for relief - describes the relief that plaintiff is seeking as a result of the lawsuit. The relief can include request for declaratory judgment, request for injunctive relief (non-monetary relief), compensatory and actual damages (such as monetary relief), punitive damages (non-compensatory), and other relief.
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.[5] Court also can issue summons - official summary document which plaintiff needs serve together with the complaint. The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer to 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.[5] 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.[6] After the civil complaint was served to the defendants, plaintiff must as soon as practicable initiate a conference between the parties to plan for the rest of the discovery process.[7]
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.[8] Google Scholar is the biggest database of full text state and federal courts decisions that can be accessed without charge.[8][9] These web search engines often allow one to select specific state courts to search.[8]
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.[10] 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.[10]
Filing and privacy
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.[12] 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 motion petition with a response, specify if a judge needs an additional copy of the documents (called "judge’s copy"), etc.[13][14] 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 bind together – i.e. acceptable fasteners, number and location of fastening holes, etc.[13][14][15] 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 off the filings made with the court and accompanying exhibits,[16] (however, exhibits normally does 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.[16]
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.[16] 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 additional electronic courtesy copy be emailed to the other parties.[15]
Attorney fees
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 purpose of harassment, even when the case was voluntarily dismissed.[17][18] In the case of Fox v. Vice, 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." [19][20] 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.[21] The losing party has a right to appeal any order for sanctions in the higher court.[22] In the state courts, however, each party is generally responsible only for its own attorney fees, with certain exceptions.[18]
Australia and United Kingdom
In some countries, (for example Australia[23] and the UK[24] and many countries of the European Community), the making of consumer complaints, particularly regarding the sale of financial services, is governed by statute. The statutory authority may require companies to reply to complaints within set time limits, publish written procedures for handling customer dissatisfaction and provide information about arbitration schemes.
See also
External links
- Example of a Complaint Second Amended Complaint in Anderson v. Cryovac landmark case
References
- ^ "Pro Se Litigant Guide - Utah". http://www.utd.uscourts.gov/forms/prose_guide.pdf.
- ^ a b "Civil Rights Complaint Guide - Utah". http://www.utd.uscourts.gov/forms/civilrt_guide.pdf.
- ^ "Pro Se Guide - SC". http://www.scd.uscourts.gov/docs/prose.pdf.
- ^ "US District Court of Idaho - PRO SE HANDBOOK". http://www.id.uscourts.gov/pro-se.htm.
- ^ a b "Federal Rules of Civil Procedure - Rule 4". http://www.law.cornell.edu/rules/frcp/Rule4_1.htm.
- ^ "Federal Rules of Civil Procedure". http://www.law.cornell.edu/rules/frcp/Rule12.htm.
- ^ "FRCP Rule 26". http://www.law.cornell.edu/rules/frcp/Rule26.htm.
- ^ a b c "Google Scholar". http://scholar.google.com/advanced_scholar_search.
- ^ "An Examination of Citation Counts in a New Scholarly Communication Environment". http://dlib.org/dlib/september05/bauer/09bauer.html.
- ^ a b "PACER". http://www.pacer.gov/.
- ^ "Complaint in Anderson v. Cryovac landmark case.". http://serc.carleton.edu/woburn/resources/trial_documents.html.
- ^ "LOCAL COURT RULES". http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/LocalCourtRules.aspx.
- ^ a b "Local Rules of U.S. District Court, District of Indiana". http://www.insd.uscourts.gov/publications/localrules.pdf.
- ^ a b "Local Rules of U.S. District Court, District of Oklahoma". http://www.oknd.uscourts.gov/legal/generalo.nsf/0A0713F3B13A3660862570360013F310/$file/civil%20local%20rules.pdf.
- ^ a b "Local Rules of U.S. District Court, District of Oregon". http://ord.uscourts.gov/local-rules-of-civil-procedure/lr-10-form-of-pleadings-and-other-documents.
- ^ a b c "Federal Rules of Civil Procedure". http://www.law.cornell.edu/rules/frcp/Rule5_2.htm.
- ^ "FRCP Rule 54. Judgment; Costs". http://www.law.cornell.edu/rules/frcp/rule_54.
- ^ a b CRS. "Awards of Attorneys’ Fees by Federal Courts and Federal Agencies". http://www.fas.org/sgp/crs/misc/94-970.pdf.
- ^ "Fox v. Vice, #10-144, 2011 U.S. Lexis 4182". http://scholar.google.com/scholar_case?case=4612481658703000905&hl=en&as_sdt=2&as_vis=1&oi=scholarr.
- ^ "Attorneys’ Fees in Federal Civil Rights Lawsuits". http://www.aele.org/law/2011all05/2011-05MLJ101.pdf.
- ^ "FRCP Rule 11". http://www.law.cornell.edu/rules/frcp/rule_11.
- ^ "Pro Se Guide - South Carolina". http://www.scd.uscourts.gov/docs/prose.pdf.
- ^ "Australian Approved Complaint Services". http://www.fido.gov.au/fido/fido.nsf/byheadline/Financial+services+complaints+schemes?openDocument.
- ^ "Financial Ombudsman - UK". http://www.financial-ombudsman.org.uk/alia.
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Translations:
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Complaint
Dansk (Danish)
n. - klage, sygdom, stævning, reklamation
Nederlands (Dutch)
kwaal, klacht, aanklacht
Français (French)
n. - (gén) plainte, réclamation, (Méd) maladie
Deutsch (German)
n. - Leiden, Beschwerde, Klage
Ελληνική (Greek)
n. - παράπονο, (ιατρ.) πάθηση, (νομ.) καταγγελία, μήνυση, αγωγή
Italiano (Italian)
acciacco, lagnanza, accusa, querela
Português (Portuguese)
n. - reclamação (f), queixa (f), enfermidade (f), querela (f)
Русский (Russian)
жалоба, болезнь, иск
Español (Spanish)
n. - enfermedad, dolencia, mal, queja, reclamación, querella, acusación, denuncia
Svenska (Swedish)
n. - klagan, åkomma, sjukdom
中文（简体）(Chinese (Simplified))
诉苦, 牢骚, 抱怨
中文（繁體）(Chinese (Traditional))
n. - 訴苦, 牢騷, 抱怨
日本語 (Japanese)
n. - 不平, 不平の原因, 告訴, 告発, 病気
العربيه (Arabic)
(الاسم) شكوى, تذمر, عله, مرض
עברית (Hebrew)
n. - תלונה, קבילה, מחלה, תביעה
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American Heritage Dictionary
The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.
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Dictionary of Business Terms. Copyright © 2007 by Barron's Educational Series, Inc. All rights reserved.
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Roget's II: The New Thesaurus, Third Edition by the Editors of the American Heritage® Dictionary Copyright © 1995 byHoughton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.
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Oxford Dictionary of Literary Terms
The Concise Oxford Dictionary of Literary Terms. Copyright © Chris Baldick 2001, 2004. All rights reserved.
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