complaint là gì

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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 các buổi party or parties (the plaintiff(s)) believes are sufficient lớn tư vấn a claim against the các buổi party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) lớn 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 Civil Law, a "complaint" is the first formal action taken lớn officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led lớn the dispute, and any demands made by the plaintiff lớn restore justice.^[1]

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. Most 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 lớn and authorized by a grand jury is referred lớn as an indictment.

United States[edit]

Virtually every U.S. state has some forms available on the trang web for most common complaints for lawyers and self-representing litigants; if a petitioner cannot find an appropriate size in their state, they often can modify a size from another state lớn fit his or her request. Several United States federal courts publish general guidelines for the petitioners and Civil Rights complaint forms.^[2][3][4][5]

A complaint generally has the following structural elements:^[3]

• Caption and heading - lists name, address and telephone number of the filing attorney or self-representing litigant at the top of the complaint. The case caption usually also indicates the court in which the case originates, names of the parties and a brief mô tả tìm kiếm of the document.
• Jurisdiction and venue - this section describes why the case should be heard in the selected court rather than vãn some other court or diễn đàn.
• Parties - identifies plaintiffs and defendants.
• Definitions - optional section which defines some terms used throughout the document. The main purpose of a definition is lớn achieve clarity without needless repetition.^[6]
• Statement of facts - lists facts that brought the case lớn the court.
• Cause of action - a numbered list of legal allegations (called "counts"), with specific details about application of the governing law lớn each count. In this section the plaintiff usually cites existing Law, previous decisions of the court where the case is being processed, decisions of the higher appellate courts, and cases from other courts, - as an analogy lớn resolve similar questions of law.
• Injury - plaintiff explains lớn the judge how the actions of the defendant(s) harmed his rights.
• Demand for relief (also known as the prayer for relief or the ad damnum clause) - describes the relief that plaintiff is seeking as a result of the lawsuit. The relief can include a request for declaratory judgment, a 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 lớn be properly served lớn the opposite parties, but usually petitioners are not allowed lớn serve the complaint personally.^[7] The court also can issue a summons – an official summary document which the plaintiff needs lớn have served together with the complaint. The defendants have limited time lớn respond, depending on the State or Federal rules. A defendant's failure lớn answer a complaint can result in a mặc định 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 các buổi party may serve a summons and complaint in a civil case.^[7] The defendant must submit an answer within 21 days after being served with the summons and complaint, or request a waiver, according lớn FRCP Rule 12.^[8] After the civil complaint has been served lớn the defendants, the plaintiff must, as soon as practicable initiate a conference between the parties lớn plan for the rest of the discovery process and then the parties should submit a proposed discovery plan lớn the judge within 14 days after the conference.^[9]

In many U.S. jurisdictions, a complaint submitted lớn 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 lớn make determinations about which deadlines lớn mix for different phases of the case, as it moves through the court system.

There are also freely accessible trang web tìm kiếm engines lớn assist parties in finding court decisions that can be cited in the complaint as an example or analogy lớn 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.^[10] These trang web tìm kiếm engines often allow one lớn select specific state courts lớn tìm kiếm.^[11]

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Federal courts created the Public Access lớn Court Electronic Records (PACER) system lớn obtain case and docket information from the United States district courts, United States courts of appeals, and United States bankruptcy courts.^[12] The system is managed by the Administrative Office of the United States Courts; it allows lawyers and self-represented clients lớn obtain documents entered in the case much faster than vãn regular mail.^[12]

Filing and privacy[edit]

In addition lớn 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.^[14] Local Rules can mix up a limit on the number of pages, establish deadlines for motions and responses, explain whether it is acceptable lớn combine a motion petition with a response, specify if a judge needs an additional copy of the documents (called "judge’s copy"), etc.^[15][16] 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 lớn be bound together – i.e. acceptable fasteners, number and location of fastening holes, etc.^[15][16][17] If the filed motion does not comply with the Local Rules then the judge can choose lớn strike the motion completely, or order the các buổi party lớn re-file its motion, or grant a special exception lớn the Local Rules.

According lớn Federal Rules of Civil Procedure (FRCP) 5.2, sensitive text lượt thích Social Security number, Taxpayer Identification Number, birthday, ngân hàng accounts and children’s names, should be redacted from the filings made with the court and accompanying exhibits,^[18] (exhibits normally vì thế not need lớn be attached lớn the original complaint, but should be presented lớn 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 các buổi party may ask the court’s permission lớn tệp tin some exhibits completely under seal. A minor's name of the petitions should be replaced with initials.^[18]

A person making a redacted filing can tệp tin an unredacted copy under seal, or the Court can choose lớn order later that an additional filing be made under seal without redaction.^[18] Copies of both redacted and unredacted documents filed with court should be provided lớn the other parties in the case. Some courts also require that an additional electronic courtesy copy be emailed lớn the other parties.^[17]

Attorney fees[edit]

Before filing the complaint, it is important for plaintiff(s) lớn remember that Federal courts can impose liability for the prevailing party's attorney fees lớn the losing các buổi party, if the judge considers the case frivolous or for purposes of harassment, even when the case was voluntarily dismissed.^[19][20] In the case of Fox v. Vice, the U.S. Supreme Court held that reasonable attorneys' fees could be awarded lớn 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."^[21][22] Even when there is no actual trial or judgment, if there is only pre-trial motion practice such as motions lớn dismiss, attorney fee shifting still can be awarded under FRCP Rule 11 when the opposing các buổi party files a Motion for Sanctions and the court issue an order identifying the sanctioned conduct and the basis for the sanction.^[23] The losing các buổi party has a right lớn appeal any order for sanctions in the higher court.^[24] In the state courts, each các buổi party is generally responsible only for its own attorney fees, with certain exceptions.^[20]

See also[edit]

• Cause of action
• Petition
• Pleading
• Service of process

References[edit]

External links[edit]

• Example of a Complaint Second Amended Complaint in Anderson v. Cryovac landmark case