What is COMPLAINT? Definition of COMPLAINT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
In civil practice. In those states having a Code of Civil Procedure, the complaint is the first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration in the common-law practice. Code N.Y. § 141; McMath v. Parsons, 26 Minn. 246, 2 N.W. 703. Its purpose is to give defendant information of all material facts on which plaintiff relies to support his demand. Fox v. Cosgriff, 64 Idaho 448, 133 P.2d 930, 932,
The complaint shall contain : (1) The title of the cause, specifying the name of the court in which the action is brought, the name of the county in which the trial is required to be had, and the names of the parties to the action, plaintiff and defendant. (2) A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition; and each material allegation shall be distinctly numbered. (3) A demand of the relief to which the plaintiff supposes himself entitled. If the recovery of money be demanded, the amount thereof must be stated. Code N.C.1883, § 233 (C.S. § 506).
Cross-complaint. In code practice. Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract or transaction upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint.' The cross-complaint must be served upon the parties affected thereby, and such parties may demur or answer thereto as to the original complaint. Standley v. Insurance Co., 95 Ind. 254; Harrison v. McCormick, 69 Cal. 616, 11 P. 456; Bank v. Ridpath, 29
Wash. 687, 70 P. 139. This is allowed when a defendant has a cause of action against a co-defendant, or a person not a party to the action, and affecting the subject-matter of the action. The only real difference between a complaint and a cross-complaint is that the first is filed by the plaintiff and the second by the defendant. Both contain a statement of the facts, and each demands affirmative relief upon the facts stated. The difference between a counter-claim and a cross-complaint is that in the former the defendant's cause of action is against the plaintiff; and the latter, against a co-defendant, or one not a party to the action; White v. Reagan, 32 Ark. 290.
In criminal law. A charge, preferred before a magistrate having jurisdiction, that a person named (or an unknown person) has committed a specified offense, with an offer to prove the fact, to the end that a prosecution may be instituted. It is a technical term, descriptive of proceedings before a magistrate. Hobbs v. Hill, 157 Mass. 556, 32 N.E. 862; In some instances "complaint" is interchangeable with "information." State v. Stafford, 26 Idaho, 381, 143 P. 528, 530; State v. Ritzier, 17 Ohio App. 394, 395. And is often used interchangeably with "affidavit." Hebebrand v. State, 129 Ohio St. 574, 196 N.E. 412, 415.
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That's the definition of COMPLAINT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
