Complaint
Encyclopedia
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action
) that the filing
party or parties (the plaintiff
[s] beliefs are sufficient to support a claim against the party or parties against whom the claim is brought [the defendant
(s) that entitle(s) 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 realm
s). 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
.
for most common complaints for lawyer
s 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.
After the complaint has been filed with court, it has to be properly served
to the opposite parties, but usually petitioners are not allowed to serve the complaint personally. 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. 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. 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
.
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 lawyer
s 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 engine
s 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. These web search engines often allow one to select specific state courts to search.
Federal courts created the Public Access to Court Electronic Records (PACER)
system to obtain case and docket information from the United States district court
s, United States courts of appeals
, and United States bankruptcy court
s. 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.
, 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 fastener
s, number and location of fastening holes
, etc. 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 FRCP
5.2, sensitive text like SSN
, TIN, DOB
, bank accounts and children
’s names, should be redacted
off the filings made with the court and accompanying exhibits, (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.
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. Copies of both redacted and unredacted documents filed with court should be provided to the other parties in the case
.
and the UK
and many countries of the European Community), the making of consumer complaint
s, 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.
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
) that the filing
Filing (legal)
In law, filing is the act of submitting a document to the clerk of a court for the court's immediate consideration, for storage in the court's files, or both. Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline...
party or parties (the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
[s] beliefs are sufficient to support a claim against the party or parties against whom the claim is brought [the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
(s) that entitle(s) the plaintiff(s) to a remedy
Legal remedy
A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....
(either money damages or injunctive relief)]). For example, the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
(FRCP) that govern civil litigation in United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
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
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...
of the state with the goal of seeking criminal sanctions
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
, such as the State (also sometimes called the People) or Crown (in Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s). 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
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
is referred to as an indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
.
United States
Virtually every U.S. state has some forms available on webWorld Wide Web
The World Wide Web is a system of interlinked hypertext documents accessed via the Internet...
for most common complaints for lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s and self-representing
Pro se legal representation in the United States
Pro se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase...
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
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
published general guidelines for the petitioners and Civil Rights
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
complaint forms.
After the complaint has been filed with court, it has to be properly served
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
to the opposite parties, but usually petitioners are not allowed to serve the complaint personally. 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
Default judgment
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...
in favor of the petitioner.
For example, in United States federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, any person who is at least 18 years old and not a party
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
may serve a summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
and complaint in a civil case. The defendant must submit an answer within 21 days after being served with the summons and complaint, or request a waiver
Waiver
A waiver is the voluntary relinquishment or surrender of some known right or privilege.While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted...
, according to FRCP
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
Rule 12. After the civil complaint was served to the defendants, plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
must as soon as practicable initiate a conference
Initial Conference (Law)
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.-Rule 26 Conference:...
between the parties to plan for the rest of the discovery process
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
.
In many U.S. jurisdictions, a complaint submitted to a court must be accompanied by a Case Information Statement
Case Information Statement
A Case Information Statement is a document which is filed with a court clerk at the commencement of a civil lawsuit in many of the court systems of the United States. It is generally filed along with the complaint...
, which sets forth specific key information about the case and the lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s representing the parties
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
. 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 engine
Web search engine
A web search engine is designed to search for information on the World Wide Web and FTP servers. The search results are generally presented in a list of results often referred to as SERPS, or "search engine results pages". The information may consist of web pages, images, information and other...
s 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
Google Scholar
Google Scholar is a freely accessible web search engine that indexes the full text of scholarly literature across an array of publishing formats and disciplines. Released in beta in November 2004, the Google Scholar index includes most peer-reviewed online journals of Europe and America's largest...
is the biggest database of full text state and federal courts decisions that can be accessed without charge. These web search engines often allow one to select specific state courts to search.
Federal courts created the Public Access to Court Electronic Records (PACER)
PACER (law)
PACER is an electronic public access service of United States federal court documents. The system is managed by the Administrative Office of the United States Courts...
system to obtain case and docket information from the United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
s, United States courts of appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, and United States bankruptcy court
United States bankruptcy court
United States bankruptcy courts are courts created under Article I of the United States Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising...
s. The system is managed by the Administrative Office of the United States Courts
Administrative Office of the United States Courts
The Administrative Office of the United States Courts is the administrative agency of the United States federal court system. It was established in 1939.The AO is the central support entity for the federal judicial branch...
; it allows lawyers and self-represented clients to obtain documents entered in the case much faster than regular mail.
Filing and privacy
In addition to FRCP, many of the U.S. district courts have developed their own requirements included in Local Rules for filing with the Court. 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. Local Rules can define page layout elements like: marginsMargin (typography)
In typography, a margin is the space that surrounds the content of a page. The margin helps to define where a line of text begins and ends. When a page is justified the text is spread out to be flush with the left and right margins...
, text font/size
Font
In typography, a font is traditionally defined as a quantity of sorts composing a complete character set of a single size and style of a particular typeface...
, distance between lines, mandatory footer text, page numbering
Pagination
Pagination is the process of dividing information into discrete pages, either electronic pages or printed pages. Today the latter are usually simply instances of the former that have been outputted to a printing device, such as a desktop printer or a modern printing press...
, and provide directions on how the pages need to be bind together – i.e. acceptable fastener
Staple (fastener)
A staple is a type of two-pronged fastener, usually metal, used for joining or binding materials together. Large staples might be used with a hammer or staple gun for masonry, roofing, corrugated boxes and other heavy-duty uses...
s, number and location of fastening holes
Hole punch
A hole punch is a common office tool that is used to create holes in sheets of paper, often for the purpose of collecting the sheets in a binder or folder.The origins of the hole punch date back to Germany via Matthias Theel, where two early patents for a...
, etc. If the filed motion does not comply with the Local Rules then the judge can choose to strike
Motion to strike (court of law)
A motion to strike is a legal motion given by one party in a trial requesting the presiding judge order the removal of all or part of the opposing party's pleading to the court. A motion to strike is also used to request elimination of all or part of a trial witness's testimony...
the motion completely, or order the party to re-file its motion, or grant a special exception to the Local Rules.
According FRCP
FRCP
FRCP may refer to:*Federal Rules of Civil Procedure* Fellow of the Royal College of Physicians...
5.2, sensitive text like SSN
Social Security number
In the United States, a Social Security number is a nine-digit number issued to U.S. citizens, permanent residents, and temporary residents under section 205 of the Social Security Act, codified as . The number is issued to an individual by the Social Security Administration, an independent...
, TIN, DOB
Birthday
A birthday is a day or anniversary where a person celebrates his or her date of birth. Birthdays are celebrated in numerous cultures, often with a gift, party or rite of passage. Although the major religions celebrate the birth of their founders , Christmas – which is celebrated widely by...
, bank accounts and children
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
’s names, should be redacted
Sanitization (classified information)
Sanitization is the process of removing sensitive information from a document or other medium, so that it may be distributed to a broader audience. When dealing with classified information, sanitization attempts to reduce the document's classification level, possibly yielding an unclassified...
off the filings made with the court and accompanying exhibits, (however, exhibits normally does not need to be attached to the original complaint, but should be presented to Court after the discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
). 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
Rubber stamp
Rubber stamping, also called stamping, is a craft in which some type of ink made of dye or pigment is applied to an image or pattern that has been carved, molded, laser engraved or vulcanized, onto a sheet of rubber. The rubber is often mounted onto a more stable object such as a wood, brick or an...
word "redacted" on the bottom. Alternately, the filing party may ask the court’s permission to file some exhibits completely under seal
Under seal (law)
Under seal filing – is a procedure allowing sensitive or confidential information to be filed with a court without becoming a matter of public record...
. A minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
's name of the petitions should be replaced with initials.
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. Copies of both redacted and unredacted documents filed with court should be provided to the other parties in the case
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
.
Australia and United Kingdom
In some countries, (for example AustraliaOmbudsmen in Australia
-Government ombudsmen:Government ombudsman services are free to the public, like many other ombudsman and dispute resolution services, and are a means of resolving disputes outside of the court systems....
and the UK
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and many countries of the European Community), the making of consumer complaint
Consumer complaint
Consumer is a broad label for any individuals or households that use goods and services generated within the economy. The concept of a consumer is used in different contexts, so that the usage and significance of the term may vary....
s, particularly regarding the sale of financial services, is governed by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. 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
- Cause of actionCause of actionIn the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
- Online Complaint Management SystemOnline Complaint Management SystemOnline Complaint Monitoring System is a system operated by the city of Mumbai, India. A Complaint Management System is one of latest productivity enhancement tools used widely by all organisations wherever there is a need of booking of complaints via operators and analysis of complaints which are...
- PetitionPetitionA petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
- PleadingPleadingIn law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
- Service of processService of processService of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...