From Wikipedia, the miễn phí encyclopedia
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 tiệc ngọt or parties (the plaintiff(s)) believes are sufficient to tát tư vấn a claim against the tiệc ngọt or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to tát 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.
Bạn đang xem: complaints là gì
In Civil Law, a "complaint" is the first formal action taken to tát officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to tát the dispute, and any demands made by the plaintiff to tát restore justice.
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 to tát and authorized by a grand jury is referred to tát as an indictment.
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 khuông in their state, they often can modify a khuông from another state to tát fit his or her request. Several United States federal courts publish general guidelines for the petitioners and Civil Rights complaint forms.
A complaint generally has the following structural elements:
- 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 kêu ca 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 to tát achieve clarity without needless repetition.
- Statement of facts - lists facts that brought the case to tát the court.
- Cause of action - a numbered list of legal allegations (called "counts"), with specific details about application of the governing law to tát 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 to tát resolve similar questions of law.
- Injury - plaintiff explains to tát 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 to tát be properly served to tát the opposite parties, but usually petitioners are not allowed to tát serve the complaint personally. The court also can issue a summons – an official summary document which the plaintiff needs to tát have served together with the complaint. The defendants have limited time to tát respond, depending on the State or Federal rules. A defendant's failure to tát 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 tiệc ngọt 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 tát FRCP Rule 12. After the civil complaint has been served to tát the defendants, the plaintiff must, as soon as practicable initiate a conference between the parties to tát plan for the rest of the discovery process and then the parties should submit a proposed discovery plan to tát the judge within 14 days after the conference.
In many U.S. jurisdictions, a complaint submitted to tát 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 to tát make determinations about which deadlines to tát mix for different phases of the case, as it moves through the court system.
Xem thêm: postpone là gì
There are also freely accessible trang web tìm kiếm engines to tát assist parties in finding court decisions that can be cited in the complaint as an example or analogy to tát 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 trang web tìm kiếm engines often allow one to tát select specific state courts to tát tìm kiếm.
Federal courts created the Public Access to tát Court Electronic Records (PACER) system to tát obtain case and docket information from the United States district courts, United States courts of appeals, and United States bankruptcy courts. The system is managed by the Administrative Office of the United States Courts; it allows lawyers and self-represented clients to tát obtain documents entered in the case much faster kêu ca regular mail.
Filing and privacy
In addition to tát 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. Local Rules can mix up a limit on the number of pages, establish deadlines for motions and responses, explain whether it is acceptable to tát combine a 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: margins, text font/size, distance between lines, mandatory footer text, page numbering, and provide directions on how the pages need to tát be bound together – i.e. acceptable fasteners, number and location of fastening holes, etc. If the filed motion does not comply with the Local Rules then the judge can choose to tát strike the motion completely, or order the tiệc ngọt to tát re-file its motion, or grant a special exception to tát the Local Rules.
According to tát 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, (exhibits normally tự not need to tát be attached to tát the original complaint, but should be presented to tát 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 tiệc ngọt may ask the court’s permission to tát tệp tin some exhibits completely under seal. A minor's name of the petitions should be replaced with initials.
A person making a redacted filing can tệp tin an unredacted copy under seal, or the Court can choose to tát 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 tát the other parties in the case. Some courts also require that an additional electronic courtesy copy be emailed to tát the other parties.
Xem thêm: gourmet là gì
Before filing the complaint, it is important for plaintiff(s) to tát remember that Federal courts can impose liability for the prevailing party's attorney fees to tát the losing tiệc ngọt, if the judge considers the case frivolous or for purposes of harassment, even when the case was voluntarily dismissed. In the case of Fox v. Vice, the U.S. Supreme Court held that reasonable attorneys' fees could be awarded to tát 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." Even when there is no actual trial or judgment, if there is only pre-trial motion practice such as motions to tát dismiss, attorney fee shifting still can be awarded under FRCP Rule 11 when the opposing tiệc ngọt files a Motion for Sanctions and the court issue an order identifying the sanctioned conduct and the basis for the sanction. The losing tiệc ngọt has a right to tát appeal any order for sanctions in the higher court. In the state courts, each tiệc ngọt is generally responsible only for its own attorney fees, with certain exceptions.
- Cause of action
- Service of process
- ^ "Summary of civil case proceedings" (PDF). United States District Court, Northern district of Illinois. Archived (PDF) from the original on 2016-12-12. Retrieved 25 May 2022.
- ^ "Pro Se Litigant Guide - Utah" (PDF). Archived from the original (PDF) on 2011-06-17. Retrieved 2011-05-12.
- ^ a b "Civil Rights Complaint Guide - Utah" (PDF). Archived from the original (PDF) on 2012-09-07. Retrieved 2011-05-12.
- ^ "Pro Se Guide - SC" (PDF). Retrieved November 21, 2019.
- ^ "US District Court of Idaho - PRO SE HANDBOOK". Archived from the original on 2000-08-15.
- ^ "Drafting Legal Documents, Definitions". National Archives. August 15, 2016. Retrieved November 21, 2019.
- ^ a b "Rule 4 - Summons". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
- ^ "Rule 12. Defenses and Objections; Judgment on the Pleadings ... | FRCP". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
- ^ "FRCP 26. Duty to tát Disclose; General Provisions Governing Discovery". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
- ^ "An Examination of Citation Counts in a New Scholarly Communication Environment". dlib.org. Retrieved November 21, 2019.
- ^ "Google Scholar". Archived from the original on 2004-12-29.
- ^ a b "Public Access to tát Court Electronic Records". www.pacer.gov. Retrieved November 21, 2019.
- ^ "Trial Documents". Resource Collections. Retrieved November 21, 2019.
- ^ "LOCAL COURT RULES". Archived from the original on 2010-05-22.
- ^ a b "Local Rules of U.S. District Court, District of Indiana" (PDF). Archived from the original (PDF) on 2006-09-23.
- ^ a b "Local Rules of U.S. District Court, District of Oklahoma" (PDF). Archived from the original (PDF) on 2009-12-29.
- ^ a b "Local Rules of U.S. District Court, District of Oregon". Archived from the original on 2010-05-27.
- ^ a b c "Rule 5.2 - Privacy Protection for Filings Made with the Court". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
- ^ "Rule 54 - Judgment; Costs". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
- ^ a b CRS. "Awards of Attorneys' Fees by Federal Courts and Federal Agencies" (PDF). Archived (PDF) from the original on 2006-04-26.
- ^ "Fox v. Vice, 131 S. Ct. 2205 - Supreme Court 2011 - Google Scholar". Retrieved November 21, 2019.
- ^ "Attorneys' Fees in Federal Civil Rights Lawsuits" (PDF). Archived (PDF) from the original on 2011-09-19. Retrieved November 21, 2019.
- ^ "Rule 11 - Signing Pleadings, Motions, and Other Papers; ... | 2019 FRCP". 2019 Federal Rules of Civil Procedure. Retrieved November 21, 2019.
- ^ "Pro Se Guide - South Carolina" (PDF). Retrieved November 21, 2019.
Look up complaint in Wiktionary, the miễn phí dictionary.
- Example of a Complaint Second Amended Complaint in Anderson v. Cryovac landmark case