Friday, November 26, 2010

Filing A Civil Complaint: Format and Procedure

A complaint is the standard pleading for a civil action.  A complaint is a "short plain statement" showing why the plaintiff is entitled to relief.  Plain, of course, does not necessarily mean boring, vague, or bland. The minimum requirements are not a goal. It just means not to include irrelevant garbage, character attacks, or emotive argument

Individual courts have different formatting requirements, so it is important when practicing in an unfamiliar court to review the local rules.

The summons serves as a cover page for the complaint, telling the defendants how long they have to Answer and notifying them of the risk of default.  You can find a form summons relatively easily online.

The complaint should be in at least 12 point font, on regular letter-sized paper.

Unless the local rules require the law firm's name and address on the very top of the page (some do), the complaint starts with a caption, which lists the court and the parties.  All of the parties must be listed.  Next to the caption, the document is titled ("complaint" or "verified complaint"), and identifies the index or docket number.

Every paragraph, other than the opening paragraph, "wherefore" clause, and headings, is numbered.
The opening pragraph, as in many legal documents, identifies the speaker or speakers in all caps, and ends with a colon.  "PLAINTIFF, through his attorneys, LAW FIRM, as and for a verified complaint, alleges as follows:" then the headings and numbered paragraphs begin.


The first paragraphs should be intro paragraphs, explaining what the case is about.  Some courts will then require a jurisdictional statement, explaining why that particular court is a proper forum for the dispute.  Then there is a section identifying the parties; then the facts common to all causes of action; then the causes of action; then the demand for relief.  
A complaint is verified (some jurisdictions call it certified) if it is sworn to as true by one of the plaintiffs.  If a complaint is verified, it can serve as an affidavit of merit. An attorney can make the verification if the plaintiff is not within the same county, but an attorney's verification has no probative value.


<< Types of Pleadings || "Pleadings" Table of Contents || Drafting the Complaint >>

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