Complaint
Formal legal document initiating a lawsuit.
Last updated
A complaint is a formal legal document that initiates a lawsuit by setting out the facts and legal reasons the plaintiff believes support a claim against the defendant, seeking a remedy such as money damages or injunctive relief. In the United States, civil actions under the Federal Rules of Civil Procedure begin with the filing or service of a complaint, and many states that have incorporated these rules use the same term for this pleading. In civil law systems, a complaint is the first formal action to begin a lawsuit, containing allegations, specific laws violated, facts, and demands. In some jurisdictions, criminal cases may also commence with a complaint, often called a criminal or felony complaint, typically for misdemeanors without a grand jury; in U.S. jurisdictions, the charging instrument authorized by a grand jury is called an indictment.
United States
Every U.S. state provides common complaint forms online for lawyers and self-representing litigants, and if no suitable form exists, a petitioner may modify one from another state. Several federal courts publish general guidelines and civil rights complaint forms. After filing, the complaint must be properly served on the opposing parties, though petitioners usually cannot serve it personally. The court issues a summons, an official summary document served with the complaint.
Defendants have a limited time to respond; failure to answer can result in a default judgment. In federal courts, any person at least 18 years old and not a party may serve the summons and complaint. The defendant must answer within 21 days after service, or request a waiver, per FRCP Rule 12. After service, the plaintiff must promptly initiate a conference between parties to plan discovery, and the parties submit a proposed discovery plan to the judge within 14 days after the conference.
In many U.S. jurisdictions, a complaint must be accompanied by a Case Information Statement providing key case details and lawyer information, helping the judge set deadlines. Freely accessible web search engines, such as Google Scholar, assist parties in finding court decisions to cite in the complaint. The federal PACER system provides case and docket information from district, appellate, and bankruptcy courts. Many U.S.
Last updated 2026-09-30 from the source article.
Quick Facts
- Field
- Law
- Related concepts
- Cause of action
- petition
- pleading
- service of process
Facts from the source article.
Lore & Background
In the United States, every state provides forms for common complaints, and federal courts publish general guidelines and civil rights complaint forms. After filing, the complaint must be served on the opposing parties, typically by someone at least 18 years old and not a party.
The defendant must respond within a limited time, such as 21 days under federal rules, or risk a default judgment. A case information statement often accompanies the complaint to help the judge set deadlines. Freely accessible search engines like Google Scholar allow parties to find court decisions to cite in complaints, and the PACER system provides electronic access to case documents.
Reader's Guide
The complaint is a foundational document in litigation, defining the scope of a case and triggering procedural obligations. Its significance lies in establishing the plaintiff's allegations and the legal basis for relief, while also setting deadlines for the defendant's response. In federal courts, failure to answer can lead to default judgment. The complaint also initiates discovery planning, requiring a conference between parties and a proposed discovery plan.
Privacy rules mandate redaction of sensitive information like Social Security numbers and children's names. Attorney fee shifting may occur if a complaint is deemed frivolous, under statutes like 42 U.S.C. Sec. In England and Wales, the term has evolved from 'complaint' to 'statement of claim' to 'particulars of claim' under the Civil Procedure Rules, with 'claimant' replacing 'plaintiff'.
Frequently Asked Questions
What is a Complaint in legal terms?
A complaint is the formal written document a plaintiff files to kick off a lawsuit. It lays out the factual story and the legal grounds the plaintiff relies on to hold the defendant responsible and to obtain a remedy.
What must a Complaint include?
A typical complaint sets forth the specific facts giving rise to the dispute, identifies the laws or legal theories allegedly violated, and states the relief the plaintiff is seeking, such as monetary damages or an injunction.
How does filing a Complaint begin a lawsuit in the United States?
Under the Federal Rules of Civil Procedure, a civil action officially starts once the complaint is filed with the court and served on the opposing party. Most state courts use the same terminology and follow a similar filing-and-service sequence.
Can a Complaint be used to start a criminal case?
Although the term is most closely associated with civil litigation, some jurisdictions do allow criminal proceedings to be initiated through a complaint. In most criminal matters, however, the starting document is a criminal information or an indictment rather than a complaint.
How is a Complaint different from a petition?
Both are initial pleadings that open a case, but 'complaint' is the standard label in U.S. federal and most state civil courts, while 'petition' is the preferred term in many civil-law countries and in certain U.S. proceedings like family-law or small-claims matters.
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Sources
Compiled from Wikipedia and the sources listed below. Text from Wikipedia is available under CC BY-SA 4.0; this entry is adapted from it.
- Wikipedia: Complaint (CC BY-SA 4.0).
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