In legal terminology, a complaint is any formal legal document establishing the facts and legal reasons (see the cause of action) filed by the party or parties to the archiver (the plaintiff (s)) is sufficient to support the claim against parties or parties opposed to the claim (the defendant) who grants the plaintiff the right to indemnification (whether compensation for money or indemnification). For example, the Federal Rules of Civil Procedure (FRCP) governing civil litigation in US courts provides that civil actions are initiated by filing or filing a petition called a complaint. Civil court rulings in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same application.
In Civil Law, "complaints" are the first formal action taken to formally initiate a lawsuit. This written document contains allegations of defense, certain law being breached, the facts that cause the dispute, and any claim made by the plaintiff to restore justice.
In some jurisdictions, certain types of criminal cases can also be initiated by filing a complaint, also sometimes called a criminal complaint or a crime complaint . Most criminal cases are prosecuted on behalf of governmental authorities announcing criminal laws and imposing state police powers with the aim of seeking criminal sanctions, such as the State (also sometimes called the People) or the Crown (within the Commonwealth). In the United States, complaints are often linked to minor criminal charges filed by prosecutors without a grand jury process. In most areas of US law, the charging instruments submitted to and approved by the grand jury are referred to as indictments.
Video Complaint
United States
Almost every US state has several forms available on the web for common complaints for lawyers and plaintiffs representing themselves; if the applicant can not find the appropriate form in their country, they can often change the form from another country to match their request. Some US federal courts publish public guidelines for applicants and the Civil Rights complaints form.
Complaints generally have the following structural elements:
- Caption and Heading - a list of names, addresses and phone numbers of a filing lawyer or plaintiff representing themselves at the top of the complaint. The case title usually also shows the court where the case originated, the names of the parties and the short description of the document.
- Jurisdiction and place - this section explains why the case should be heard in a court of choice rather than a court or other forum.
- Parties - identifying the plaintiff and the defendant.
- Definitions - optional sections that define some of the terms used throughout the document. The main purpose of a definition is to achieve clarity without unnecessary repetition.
- Statement of facts - include facts that bring the case to court.
- Cause of Action - a list of numbered legal allegations (called "sums"), with specific details about the applicability of the laws governing for each count. In this section the plaintiff usually cites the existing Act, the previous court ruling in which the case is being processed, the decision of the higher court of appeal, and the case of another court, - as an analogy to resolve similar legal questions.
- Injury - the plaintiff explains to the judge how the defendant's action (s) harms his/her right.
- Request for assistance - describes the assistance that the plaintiff sued as a result of the lawsuit. Relief may include requests for judgmental appraisals, requests for non-monetary compensation, actual compensation and damages (such as financial assistance), punitive (non-compensatory) compensation, and other assistance.
After a complaint has been filed with the court, it must be properly served to the opposite parties, but usually the applicant is not allowed to serve the complaint personally. The court may also issue a summons - an official summary document to be filed by the plaintiff together with a complaint. The defendants have limited time to respond, depending on the State or Federal rules. The failure of the defendant to respond to a complaint may result in a default assessment favoring the applicant.
For example, in federal court of the United States, anyone who is at least 18 years of age and no party can make calls and complaints in civil cases. The defendant must file an answer within 21 days after being served with a summons and complaint, or request a waiver, in accordance with FRCP Rules 12. After civil complaints have been filed with the defendant, the plaintiff must, as soon as possible initiate a conference between the parties to plan the remainder of the discovery process and then the parties shall submit the proposed discovery plan to the judge within 14 days of the conference.
In many US jurisdictions, court complaints must be accompanied by a Case Information Statement, which sets out specific key information about cases and attorneys representing the parties. This allows the judge to make decisions about which deadline is set for the different phases of the case, as it moves through the court system.
There are also freely accessible web search engines to assist parties in finding court decisions that can be cited in complaints as examples or analogy to resolve similar questions about the law. Google Scholar is the largest database of state and federal court decisions that can be accessed free of charge. This web search engine often allows one to select a particular state court to search.
The federal court created the Public Access system to the Electronic Record Court (PACER) to obtain case and listing information from US district courts, US appeals courts, and US bankruptcy courts. This system is administered by the United States Court Administrative Office; this allows lawyers and clients who are represented on their own to get documents included in this case much faster than regular mail.
Archiving and privacy
In addition to the Federal Rules of Civil Procedure, many US district courts have developed their own requirements that are included in the Local Rules to file to the Court. Local Rules can set a limit on the number of pages, set deadlines for movements and responses, clarify whether it is acceptable to combine movement petitions with responses, determine whether the judge requires an additional copy of the document (called "a copy of the judge"), etc. Local Rules can specify page layout elements such as: margins, text fonts/sizes, row spacing, mandatory footer text, page numbering, and provide instructions on how pages should be tied together - acceptable fasteners, number and location of fastening holes, etc. If the proposed movement does not comply with the Local Rules, then the judge may elect to attack completely, or order the party to archive its movements, or to give special exceptions to the Local Rules.
According to the Federal Rules of Civil Procedure (FRCP) 5.2, sensitive texts such as Social Security numbers, Taxpayer Identification Number, date of birth, bank account and children's names must be refined from court-made and exhibition submissions, (however, need not be attached to the original complaint, but must be presented to the Court after the discovery). Edited text can be removed in black-out or white-out, and the page must have an indication that it was edited - most often with the word "edited" at the bottom. Alternately, the requesting party may request the court's permission to submit several exhibits entirely under the seal. The minor name of the petition should be replaced with the initials.
A person making an approved proposal may file an unauthorized copy under the seal, or the Court may elect to order later that additional filing is made under the seal without editing. Copies of both legal and legal documents submitted to the court must be given to other parties in the case. Some courts also require additional electronic copies to be sent to other parties.
Attorney fees
Before filing a complaint, it is important for the plaintiff to remember that a Federal court may charge the party's attorney's fees to the losing party if the judge considers the case reckless or for the purpose of harassment, even when the case is voluntarily dismissed. In the case of Fox v. Vice, the US Supreme Court stated that reasonable attorneys' fees may be awarded to the defendant under 42 U.S.C. Seconds. 1988, but only for charges that the defendant will not happen "but for reckless claims." Even when there is no actual trial or judgment, if there is only pre-auspicious movement practices such as movements to be dismissed, the transfer of attorneys' fees can still be granted under FRCP 11 Rules when the opposing party submits Motion for Sanctions and the court issues an order identifying sanctioned behavior and the basis for sanctions. The losing party has the right to appeal the sanctions order in the higher court. However, in state courts, each party is generally responsible only for the solicitor's own fees, with certain exceptions.
Maps Complaint
See also
- Cause of action
- Online Complaint Management System
- Petitions
- Request
- Services process
References
External links
- Second Instances of Grieved Complaint in the Anderson landmark case v. Cryovac
Source of the article : Wikipedia
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