Keith Mack
A complaint case law is a formal legal document that sets out the facts and legal reasons that the filing party or parties (the plaintiff or plaintiffs) believe are sufficient grounds for a claim against the defendant(s). The complaint must state all the plaintiff's claims and specify the remedy sought, which could be monetary compensation or an order for the defendant to stop the harmful conduct. The plaintiff must also pay a filing fee, which can vary depending on the case type and the amount of money being sued for. After receiving the complaint, the defendant must respond within a limited time, depending on the state or federal rules. This response can be an answer or a request for a waiver. Before filing a complaint, it is important to remember that federal courts can impose liability for the prevailing party's attorney fees on the losing party if the case is considered frivolous or for purposes of harassment.
| Characteristics | Values |
|---|---|
| Definition | A formal legal document that sets out the facts and legal reasons that the filing party believes are sufficient to support a claim against the party being sued. |
| Who files it? | The plaintiff (the filing party or the party suing). |
| Who does it concern? | The defendant (the party being sued). |
| What does it contain? | The plaintiff's damages or injury, an explanation of how the defendant caused the harm, a statement of the court's jurisdiction, and a request for relief. |
| Relief | The plaintiff may seek monetary compensation or ask the court to order the defendant to stop the conduct causing harm. |
| Additional information | Capacity, fraud, or mistake. |
| What happens after filing? | The defendant must respond within a limited time, depending on the state or federal rules. |
| Where to find examples? | Local law libraries. |
| Who writes it? | The plaintiff or an attorney hired by the plaintiff. |
| Fee | The plaintiff must pay a filing fee to the court. |
| Caution | Filing a complaint could get you into trouble if done for any improper purposes, without a basis in existing law, or without supporting evidence. |
| Discovery | Litigants must provide information to each other about the case, including witness identities and relevant documents. |
| Case Information Statement | A document that sets forth specific key information about the case and the lawyers representing the parties. |
| Web search engines | Google Scholar, PACER. |
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What You'll Learn
What is a complaint?
A complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties (the plaintiff or plaintiffs) believe are sufficient to support a claim against the party being sued (the defendant). It describes the plaintiff's damages or injury, explains how the defendant caused the harm, and asks the court to order relief. A plaintiff may seek money to compensate for the damages, or may ask the court to order the defendant to stop the conduct that is causing the harm. The court may also order other types of relief, such as a declaration of the legal rights of the plaintiff in a particular situation.
In civil law, a complaint is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defendant and is filed with the court. The plaintiff will pay a filing fee to the court and will also have the court issue a summons, a legal document that notifies the defendant that they are being sued. The defendant must then respond to the complaint, and the plaintiff will initiate a conference between the parties to plan for the rest of the discovery process.
Complaints must state all of the plaintiff's claims against the defendant and specify what remedy the plaintiff is seeking. They must also show that the court has jurisdiction over the case. Traditionally, complaints did not need to be very specific, but the Supreme Court introduced a heightened standard in 2007 with the case Bell Atlantic v. Twombly, which requires that a complaint must allege "enough facts to state a claim to relief that is plausible on its face."
Before filing a complaint, it is important for plaintiffs to remember that federal courts can impose liability for the prevailing party's attorney fees on the losing party if the judge considers the case frivolous or for purposes of harassment. In addition, filing a complaint could get the plaintiff into trouble if they are filing for any improper purposes, such as to harass the other side or cause unnecessary delay.
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What is a summons?
A summons is a legal document issued by a court (a judicial summons) or by an administrative agency of the government (an administrative summons) for various purposes. A judicial summons is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or their presence as a witness may be required.
In the context of civil cases, a summons is an instrument used to provide notice to a party of civil proceedings and of the opportunity to appear and be heard. The summons is a form created by the court which notifies the defendant that an action has been filed against them and of the need to appear. The summons is typically handed to the defendant by a person over the age of eighteen. It may be served by a sheriff or other authorised person, such as a process server. The defendant must be served with a summons, which gives them notice of the lawsuit.
In the context of criminal cases, a summons can be served on a defendant facing minor criminal charges and used as an alternative to an arrest warrant. If you've been summoned to come to court on a criminal case, you will be given notice that a criminal case has been filed against you. You will be served with a summons by a law enforcement official, such as a constable, or you may receive the summons in the mail.
In the court system in California, for civil unlimited cases in the superior court, a summons will often have options to endorse so that the entity being served may be identified.
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How to file a complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties (the plaintiff/s) believe are sufficient to support a claim against the party being sued (the defendant/s). It is the first step in officially beginning a lawsuit.
To file a complaint, here is a step-by-step guide:
- Understand the requirements: Before drafting your complaint, it is important to understand the specific requirements and procedures for filing a complaint in your jurisdiction. Consult your local laws or seek legal advice to ensure you comply with the necessary standards.
- Prepare the complaint document: The complaint document should outline the facts of the case, the legal reasons for the complaint, the claims against the defendant, and the desired remedy (such as monetary compensation or injunctive relief). It is crucial to be as specific and detailed as possible, stating enough facts to support your claims plausibly. You can represent yourself and write the complaint, or you can hire an attorney to draft it for you.
- Include necessary information: Depending on your jurisdiction, you may need to include additional information in your complaint. For example, you might need to address issues of capacity, fraud, or mistake. Additionally, some jurisdictions require a Case Information Statement to be submitted alongside the complaint, providing key information about the case and the lawyers involved.
- File the complaint with the court: Submit your complaint to the appropriate court, paying any required filing fees. The court clerk can provide guidance on the fees, which may vary depending on the case type and the amount of money involved. At this stage, the court may also issue a "summons," a legal document notifying the defendant that they are being sued.
- Serve the complaint to the defendant: After filing, the complaint must be properly served to the defendant/s. Typically, the plaintiff cannot serve the complaint personally. There may be specific time limits for the defendant to respond, depending on the jurisdiction's rules.
- Initiate a conference: Once the defendant has been served, the plaintiff should initiate a conference between the parties to plan for the discovery process. Following this conference, a proposed discovery plan should be submitted to the judge within the specified timeframe.
- Be mindful of potential consequences: Remember that filing a complaint carries certain responsibilities. You certify that you have conducted an inquiry into the facts and law and are not filing for any improper purposes. Additionally, be aware that federal courts can impose liability for attorney fees on the losing party if the case is considered frivolous or harassing.
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What happens after a complaint is filed?
A complaint is a formal legal document that sets out the facts and legal reasons that the filing party believes are sufficient to support a claim against the party being sued. It is the first document filed in court to initiate a lawsuit. In most U.S. jurisdictions, the charging instrument presented to and authorised by a grand jury is referred to as an indictment. Every U.S. state has some forms available on the web for the most common complaints for lawyers and self-representing litigants.
Once the complaint is filed, the court clerk will charge a filing fee, which varies depending on the type of case and the amount of money being sued for. The plaintiff must then have the complaint and a summons served to the defendant. A summons is a legal document that notifies the defendant that they are being sued. The defendant has a limited time to respond, depending on the state or federal rules. In most jurisdictions, if the defendant does not respond within 14-21 days of service, they waive their defences and may have a judgment entered against them.
After the complaint has been served, the plaintiff must 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. In many U.S. jurisdictions, a complaint must be accompanied by a Case Information Statement, which allows the judge to set deadlines for different phases of the case.
The defendant can then choose to file a motion to dismiss or file an answer to the complaint. If they choose to answer, they must respond to each numbered paragraph in the complaint by either admitting or denying each alleged fact or stating that they lack the information to respond. They can also assert counterclaims against the plaintiff.
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What is the complaint process for civil rights violations?
The complaint process for civil rights violations can vary depending on the specific circumstances and location. However, here is a general outline of the steps you can take if you believe your civil rights have been violated:
Identify the Appropriate Agency: Different agencies handle different types of civil rights complaints. For example, the Office for Civil Rights and Civil Liberties (CRCL) within the Department of Homeland Security investigates complaints related to DHS policies, activities, and personnel. On the other hand, the Civil Rights Division of the Department of Justice handles a wide range of civil rights complaints, including unlawful discrimination, harassment, or abuse in areas like housing, employment, and education.
Gather Information and Evidence: Before initiating the complaint process, ensure you have all the relevant information and evidence to support your claim. This includes documenting the incident(s), gathering any relevant documents or communications, and identifying witnesses if applicable.
File a Complaint: Most agencies provide multiple options for filing a complaint, including online portals, fillable PDFs, email, fax, or postal mail. The specific information required in your complaint may vary but generally, you will need to provide:
- Your personal information, including name, address, and contact details.
- A detailed description of what happened, including how, why, and when you believe your civil rights were violated.
- The name of the person or entity you believe discriminated against you or violated your civil rights.
- Any other relevant information or evidence supporting your claim.
Review and Investigation: Once your complaint is received, the agency will review it to determine if they have the authority to investigate. This includes assessing whether the complaint falls within their jurisdiction and alleges a violation of the laws they enforce. If the agency accepts your complaint for investigation, they will initiate the appropriate procedures.
Mediation and Resolution: If the agency's investigation finds reasonable cause to believe a civil rights law has been violated, they may attempt to resolve the dispute through mediation. During mediation, the involved parties have the opportunity to reach an agreement and resolve the case without further legal action.
Legal Action: If mediation is unsuccessful, the agency may pursue legal action, such as filing a lawsuit in court to uphold civil rights laws and seek remedies for the violation. It is important to note that some agencies, like CRCL, do not provide legal remedies, but rather use the information from complaints to address policy issues. In such cases, you may need to consult an attorney or explore other legal avenues to seek redress.
Remember, it is essential to be mindful of any time constraints when filing a complaint. Many agencies require complaints to be filed within a specific timeframe, often within 180 days of the alleged violation.
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Frequently asked questions
A complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties (the plaintiff(s)) believe are sufficient to support a claim against the party being sued (the defendant). It describes the plaintiff's damages or injury, explains how the defendant caused the harm, and asks the court to order relief.
A complaint must state all of the plaintiff's claims against the defendant and specify what remedy the plaintiff is seeking. This could be monetary compensation or an order for the defendant to stop the conduct causing harm.
The defendant must respond within a limited time, depending on the state or federal rules. The plaintiff must also initiate a conference between the parties to plan for the discovery process. This may include the exchange of information and documents, as well as witness depositions.
Yes, you can write your own complaint or hire an attorney to do so. There are example complaints available at your local law library, and many states have forms available on the web for common complaints.
