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Complaint

Definition

The pleading that starts a case.  Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief.

Overview

A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff wants. After receiving the complaint, the defendant must respond with an answer.

Traditionally, in accord with federal courts' system of notice pleading, complaints (like other pleadings) did not need to be very specific, and did not need to specify the facts the plaintiff intends to prove. The Supreme Court introduced a heightened standard for complaints in 2007 with the case Bell Atlantic v. Twombly.  This case requires that a complaint must allege "enough facts to state a claim to relief that is plausible on its face." 

Complaints must be served on defendants. This lets defendants know that they are being sued and why. See Federal Rules of Civil Procedure, particularly Rules 3, 7, 8, and 10. See also the federal courts' website for sample complaints.

Although some state courts model their pleading rules on the Federal Rules of Civil Procedure, other states use very different rules. Thus, pleading standards for complaints may vary widely from state to state, or between state and federal courts located in the same state. See State Civil Procedure Rules.

The Supreme Court recently reiterated the level of detail required in a complaint in the case of Ashcroft v. Iqbal.

See also Civil Procedure;

Definition from Nolo’s Plain-English Law Dictionary

Papers filed in court by an injured party to begin a lawsuit by setting out facts and legal claims (usually called causes of action). The person filing the complaint is called the plaintiff and the other party is called the defendant. In some states and in some types of legal actions, such as divorce, complaints are called petitions and the person filing is called the petitioner. The plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. A complaint filing must be accompanied by a filing fee payable to the court clerk, unless the party asks a judge to waive the fee based on inability to pay.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:13 pm

 

Random County Circuit Court

Random County, State of Unicornia 

Fictional Victim, an Individual, Plaintiff

v.

Angry Neighbor, an Individual, Defendant 

 

Complaint

Comes now Fictional Victim, through counsel, and files this complaint, and states and alleges as follows:

 

Preliminary Statement

1.  This case arises from a pattern of verbal abuse against a homeowner who loved planting flowers.  It is a case wherein one neighbor's love for tulips has been trampled by an unexplained anger towards natural beauty.

2.  By his acts, Neighbor has intentionally stamped out Victim's flowers on her land.

3.  Victim alleges trespass to her land.  As relief for Defendant's actions, Plaintiff seeks compensatory damages, as well as injunctive relief as permitted by law and equity.

 

Jurisdiction and Venue

4.  Jurisdiction is conferred upon this Court by this state's general jurisdiction statute because the focus of the dispute is land located in this state.

5.  Venue is proper in this Court because both Plaintiff and Defendant reside in this county.  At least a substantial part of the events giving rise to the claims occurred in this county as well.

 

General Allegations

6.  Plaintiff and Defendant are neighbors, owning adjoining properties in the county of Random in the State of Unicornia.

7.  Each summer since 1999, Plaintiff has planted a number of flowers on her front lawn.

8.  Defendant has often remarked that Plaintiff's flowers make the neighborhood look too cheerful.

9.  On or around June 18, 2008, Defendant observed Plaintiff in her front yard and shouted the following:  "Hey Victim!  If you don't yank out those tulips, I will do it for you before I leave for work tomorrow morning."

10.  Plaintiff ignored Defendant's remarks and did not remove her flowers from the yard.

11.  On or around June 19, 2008, Plaintiff observed through a second-story window as Defendant walked onto the land in her front yard.  

12.  Defendant proceeded to kick, step on, and/or pull Plaintiff's flowers from the soil.  

13.  As Plaintiff shouted for Defendant to stop, Defendant only picked up speed before finally driving away from the scene.

 

COUNT 1 - TRESPASS TO LAND

14.  Plaintiff re-alleges and incorporates by reference paragraphs 6 through 13 as if fully set forth herein.

15.  Plaintiff is the sole owner of the land described in paragraph 11.

16.  Defendant intentionally walked onto Plaintiff's land without her consent or any other valid privilege.

WHEREFORE, Plaintiff demands judgment against Defendant and an award remedies available pursuant to the common law of the State of Unicornia.

 

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a jury trial on any cause of action and claim with respect to which there is a right to a jury trial.

 

RELIEF REQUESTED

17.  Compensatory damages in the amount of $500, equal to the cost of all destroyed flower bulbs, damaged soil, and the chemical fertilizers expended on ensuring that the flowers grew to their full height - a result made impossible by Defendant's actions in this case.

18.  A permanent injunction directing and ordering Defendant not to step onto Plaintiff's land without her express consent or other valid authorization.

19.  An award of such further and additional legal and equitable relief as the Court deems just and proper.

 

Dated: September 8, 2009

Random County, UNICORNIA State 

 

Respectfully Submitted By,

Intrepid Lawyer,

Counsel for the Plaintiff