Complaint meaning of the word

From Wikipedia, the free 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 party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to 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 to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the plaintiff to 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 to and authorized by a grand jury is referred to as an indictment.

United States[edit]

Virtually every U.S. state has some forms available on the web for most common complaints for lawyers and self-representing litigants; if a petitioner cannot find an appropriate form in their state, they often can modify a form from another state to 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 description of the document.
• Jurisdiction and venue — this section describes why the case should be heard in the selected court rather than some other court or forum.
• Parties — identifies plaintiffs and defendants.
• Definitions — optional section which defines some terms used throughout the document. The main purpose of a definition is to achieve clarity without needless repetition.^[6]
• Statement of facts — lists facts that brought the case to the court.
• Cause of action — a numbered list of legal allegations (called «counts»), with specific details about application of the governing law to 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 resolve similar questions of law.
• Injury — plaintiff explains to 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 be properly served to the opposite parties, but usually petitioners are not allowed to serve the complaint personally.^[7] The court also can issue a summons – an official summary document which the plaintiff needs to have served together with the complaint. The defendants have limited time to respond, depending on the State or Federal rules. A defendant’s failure to answer a complaint can result in a default 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 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 to FRCP Rule 12.^[8] After the civil complaint has been served to the defendants, the plaintiff must, as soon as practicable initiate a conference between the parties to plan for the rest of the discovery process and then the parties should submit a proposed discovery plan to the judge within 14 days after the conference.^[9]

In many U.S. jurisdictions, a complaint submitted to 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 make determinations about which deadlines to set for 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 the complaint as an example or analogy to 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 web search engines often allow one to select specific state courts to search.^[11]

Federal courts created the Public Access to Court Electronic Records (PACER) system to 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 to obtain documents entered in the case much faster than regular mail.^[12]

Filing and privacy[edit]

In addition to 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 set up a limit on the number of pages, establish deadlines for motions and responses, explain whether it is acceptable to 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 to 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 to strike the motion completely, or order the party to re-file its motion, or grant a special exception to the Local Rules.

According to Federal Rules of Civil Procedure (FRCP) 5.2, sensitive text like Social Security number, Taxpayer Identification Number, birthday, bank accounts and children’s names, should be redacted from the filings made with the court and accompanying exhibits,^[18] (exhibits normally do not need to be attached to the original complaint, but should be presented to 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 party may ask the court’s permission to file 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 file an unredacted copy under seal, or the Court can choose to 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 to the other parties in the case. Some courts also require that an additional electronic courtesy copy be emailed to the other parties.^[17]

Attorney fees[edit]

Before filing the complaint, it is important for plaintiff(s) to remember that Federal courts can impose liability for the prevailing party’s attorney fees to the losing 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 to 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 to dismiss, attorney fee shifting still can be awarded under FRCP Rule 11 when the opposing 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 party has a right to appeal any order for sanctions in the higher court.^[24] In the state courts, each 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

Полезное

Yes, my main complaint is that the only issue about bundling was completely ignored by Kling’s article, and I can’t really see how it could have been an unintentional oversight considering the context that Microsoft has been in the news lately. ❋ Unknown (2009)

Considering that the “belligerence” and the “civil liberties violations” are pretty much the same 15 months into this administration, I gather that your main complaint is that people are calling Obama a fascist for the wrong reasons. ❋ Unknown (2010)

Her main complaint is that Meyer broke the rules of her own storyverse by making Bella pregnant, then made it worse with a graphic birth scene, and then piled yet more weirdness on top of it by having Jacob mentally bond to the infant daughter as his soul mate. ❋ Unknown (2009)

As I said, though, my main complaint is he is threadjacking, so I will threadjack no more. ❋ Unknown (2010)

When it comes to that cut, Mr. Rigell’s main complaint is that his opponent, Democrat Rep. Glenn Nye, hasn’t done enough to stop it. ❋ Gerald F. Seib (2010)

I think the main complaint is when the division of labor is arrived at by default and not by discussion. ❋ Unknown (2009)

My main complaint is the “re-sellers” … I tried to get a few used electronic items only to get outbid by some guy who puts the same item up for auction the next week at a higher “minimum bid” or “buy now price”. ❋ Unknown (2008)

So first off, my main complaint is that there is a robot detecting my mood and telling me how to drive. ❋ Unknown (2008)

Jay’s main complaint is that science fiction writers lack imagination …. science-fiction writers appear to be even less able to imagine the future than the average cat. ❋ Unknown (2007)

If a complaint has to be published (and far more are received than are published; most are not valid or are trivial/self-serving), it should be edited so that the main complaint is clearly made so that readers can discern the argument. ❋ Frank Wilson (2006)

As you would expect, Turner’s main complaint is about the programmes his own company is running, such as the Astute nuclear submarine and Type 45 destroyer. ❋ Richard (2006)

My main complaint is that it’s very difficult, nigh on to impossible, to find small 10-lb. turkeys here. ❋ Unknown (2004)

My main complaint is that Kerry spent too much time on the issues, too much time defining himself instead of going after Bush. ❋ Unknown (2004)

My main complaint is that the manner in which the «Big Questions» and «Super Thoughts» were presented wasn’t compelling. ❋ Unknown (2003)

It seems more like the complaint is against the philosophical idea that valid scientific study is the only valid source of ideas. ❋ Unknown (2009)

No, the complaint is about the childish use of «Democrat,» rather than «Democratic,» as an adjective. ❋ Unknown (2009)

On red flag in the complaint is the identification of people by race in some instances and not in others, For example, none of the people in the snubbing and pushing incident are identified by race, The reader is to infer they were white. ❋ Unknown (2009)

Finally, type the name of the lender and the word «complaint» into Google’s search engine and see what comes up. ❋ Unknown (2011)

What’s going on over at the managers [desk]?
We got a complaint and [it’s going] to be [a LONG day]. ❋ Samzar (2020)

[Manager]: Oh know the [complaint] has arrived
Cool guy: Good luck bro this is going to [tough one]
Manager: I know bro this complaint always comes ❋ Stiffy Southern (2020)

Better get the [manager]. Here comes a [complaint] of [Karen’s]. ❋ AFO1982 (2022)

Man, [Martin’s] taint smelled so bad that Jenny [filed] a taint complaint to the police department. I think he is serving [5 to 10]! ❋ Jeeeeeahhhh (2009)

A Complaint of Karens, is like a [Murder of Crows]. [No good] will [come] from it. ❋ Biggerest D (2020)

«Hi»—softly, and with a little surprise, as though I might have met her somewhere before…
«To buy you a drink,» I said.
«A real swinger,» she said, sneering.
Sneering! Two seconds—and two insults! To the Assistant [Commissioner] of Human Opportunity for this whole city! «To [eat your pussy], baby, how’s that?» My God! She’s going to call a cop! Who’ll turn me in to the Mayor!
«[That’s better],» she replied.
And so a cab pulled up, and we went to her apartment where she took off her clothes and said, «Go ahead.»
Coolest fucking book ever. ❋ 6:47 AM (2005)

«there’s no [homework]»
«Ain’t no complaints» ❋ Pickupthatpencil (2020)

Person 1: I [get paid] less than every man in my [firm].
Person 2: You’ve worked here for 2 months. Everyone else worked here for 5 years.
Person 1: But the complaint-feminism blog told me I should have [equal pay]. ❋ D_O_HARAMBE (2017)

[Glum]: «Death Metal for Jesus’ s new single ‘Life Sucks and Then You Die’ is the best»
[Shoegazer]: «[You’re stoopid]! ‘Too Drunk to Fuck’ by Dead Kennedys will always be the best song ever!
Norm Al Rocker: «Why do you listen to Complaint Rock? Aren’t you sad enough as it is?» ❋ HAFSNT (2016)

[Matt] arrives late to dinner.
Matt: Where’s [Scott]?
Bob: He didn’t like the [starter], so he decided to ‘file a complaint‘. ❋ Cr4k (2006)

Also found in: Thesaurus, Medical, Legal, Financial, Idioms, Encyclopedia, Wikipedia.

com·plaint

 (kəm-plānt′)

n.

1. An expression of pain, dissatisfaction, or resentment.

2. A cause or reason for complaining; a grievance: What is your complaint?

3.

a. A bodily disorder or disease; a malady or ailment.

b. The symptom or distress about which a patient seeks medical assistance.

4. Law

a. A formal statement initiating a lawsuit by specifying the facts and legal grounds for the relief sought.

b. A formal charge, made under oath, of the commission of a crime or other such offense.

---

[Middle English compleinte, from Old French complainte, from feminine past participle of complaindre, to complain; see complain.]

American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

complaint

(kəmˈpleɪnt)

n

1. the act of complaining; an expression of grievance

2. a cause for complaining; grievance

3. (Pathology) a mild ailment

4. (Law) English law a statement by which a civil proceeding in a magistrates’ court is commenced

Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014

com•plaint

(kəmˈpleɪnt)

n.

1. an expression of discontent, regret, pain, censure, resentment, or grief; lament; faultfinding.

2. a cause of discontent, pain, grief, etc.

3. a cause of bodily pain or ailment; malady: to suffer from a rare complaint.

4. (in a civil action) a statement by the plaintiff setting forth the cause of action.

[1350–1400; < Middle French complainte < Latin com- com- + plancta plaint]

Random House Kernerman Webster’s College Dictionary, © 2010 K Dictionaries Ltd. Copyright 2005, 1997, 1991 by Random House, Inc. All rights reserved.

ThesaurusAntonymsRelated WordsSynonymsLegend:

Noun	1.	complaint — an often persistent bodily disorder or disease; a cause for complaining ailment, ill disorder, upset — a physical condition in which there is a disturbance of normal functioning; «the doctor prescribed some medicine for the disorder»; «everyone gets stomach upsets from time to time» pip — a minor nonspecific ailment kinetosis, motion sickness — the state of being dizzy or nauseated because of the motions that occur while traveling in or on a moving vehicle
	2.	complaint — (formerly) a loud cry (or repeated cries) of pain or rage or sorrow cry, yell — a loud utterance of emotion (especially when inarticulate); «a cry of rage»; «a yell of pain» exclamation — a loud complaint or protest or reproach lament, lamentation, wail, plaint — a cry of sorrow and grief; «their pitiful laments could be heard throughout the ward»
	3.	complaint — an expression of grievance or resentment objection — the speech act of objecting grievance — a complaint about a (real or imaginary) wrong that causes resentment and is grounds for action grumble, grumbling, murmuring, mutter, muttering, murmur — a complaint uttered in a low and indistinct tone jeremiad — a long and mournful complaint; «a jeremiad against any form of government» kvetch — (Yiddish) a nagging complaint pet peeve — an opportunity for complaint that is seldom missed; «grammatical mistakes are his pet peeve» whimper, whine — a complaint uttered in a plaintive whining way
	4.	complaint — (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based pleading — (law) a statement in legal and logical form stating something on behalf of a party to a legal proceeding libel — the written statement of a plaintiff explaining the cause of action (the defamation) and any relief he seeks civil law — the body of laws established by a state or nation for its own regulation
	5.	complaint — (criminal law) a pleading describing some wrong or offense; «he was arrested on a charge of larceny» charge criminal law — the body of law dealing with crimes and their punishment pleading — (law) a statement in legal and logical form stating something on behalf of a party to a legal proceeding accusal, accusation — a formal charge of wrongdoing brought against a person; the act of imputing blame or guilt bill of indictment, indictment — a formal document written for a prosecuting attorney charging a person with some offense

Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.

complaint

noun

2. grumble, criticism, beef (slang), moan, bitch (slang), lament, grievance, wail, dissatisfaction, annoyance, grouse, gripe (informal), grouch (informal), plaint, fault-finding I don’t have any complaints about the way I’ve been treated.

3. disorder, problem, trouble, disease, upset, illness, sickness, ailment, affliction, malady, indisposition Eczema is a common skin complaint.

Collins Thesaurus of the English Language – Complete and Unabridged 2nd Edition. 2002 © HarperCollins Publishers 1995, 2002

complaint

noun

1. An expression of dissatisfaction or a circumstance regarded as a cause for such expression:

2. A pathological condition of mind or body:

3. A minor illness, especially one of a temporary nature:

The American Heritage® Roget’s Thesaurus. Copyright © 2013, 2014 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

Translations

stížnostnevolnostpotíž

klagelidelsereklamationsygdom

vaivavalitus

pritužba

panasz

kvillikvörtun, kæra

不平

불평하기

sťažnosť

pritožba

klagomål

ความไม่พอใจ

lời phàn nàn

Collins Spanish Dictionary — Complete and Unabridged 8th Edition 2005 © William Collins Sons & Co. Ltd. 1971, 1988 © HarperCollins Publishers 1992, 1993, 1996, 1997, 2000, 2003, 2005

Collins English/French Electronic Resource. © HarperCollins Publishers 2005

complaint

Collins German Dictionary – Complete and Unabridged 7th Edition 2005. © William Collins Sons & Co. Ltd. 1980 © HarperCollins Publishers 1991, 1997, 1999, 2004, 2005, 2007

Collins Italian Dictionary 1st Edition © HarperCollins Publishers 1995

complain

(kəmˈplein) verb

1. to state one’s displeasure, dissatisfaction etc. I’m going to complain to the police about the noise.

2. (with of) to state that one has (pain, discomfort etc). He’s complaining of difficulty in breathing.

comˈplaint noun

1. (a statement of one’s) dissatisfaction. The customer made a complaint about the lack of hygiene in the food shop.

2. a sickness, disease, disorder etc. He’s always suffering from some complaint or other.

Kernerman English Multilingual Dictionary © 2006-2013 K Dictionaries Ltd.

complaint

→ شَكْوَى stížnost klage Beschwerde παράπονο queja valitus plainte pritužba reclamo 不平 불평하기 klacht klage skarga reclamação жалоба klagomål ความไม่พอใจ şikayet lời phàn nàn 抱怨

Multilingual Translator © HarperCollins Publishers 2009

com·plaint

n. queja, síntoma; trastorno, molestia;

chief ___ → ___ principal.

English-Spanish Medical Dictionary © Farlex 2012

• I’d like to make a complaint
• Where can I make a complaint? (US)
  Who can I complain to? (UK)

Collins Multilingual Translator © HarperCollins Publishers 2009

complaint

n queja; chief — motivo de consulta

English-Spanish/Spanish-English Medical Dictionary Copyright © 2006 by The McGraw-Hill Companies, Inc. All rights reserved.

English[edit]

Etymology[edit]

From Middle English compleynte, from Anglo-Norman compleint, from Old French compleindre, eventually from Latin planctus (whence plaint).

Pronunciation[edit]

• IPA^(key): /kəmˈpleɪnt/
• Rhymes: -eɪnt

Noun[edit]

complaint (countable and uncountable, plural complaints)

1. The act of complaining.

   • 2020 July 29, Paul Stephen, “A new collaboration centred on New Street”, in Rail, page 54:

     Complaints have risen in particular from passengers changing trains, who have observed little or no improvement in their ability to navigate between the station’s 13 platforms.

2. A grievance, problem, difficulty, or concern.

   I have no complaints about the quality of his work, but I don’t enjoy his company.

3. (law) In a civil action, the first pleading of the plaintiff setting out the facts on which the claim is based;
   The purpose is to give notice to the adversary of the nature and basis of the claim asserted.
4. (law) In criminal law, the preliminary charge or accusation made by one person against another to the appropriate court or officer, usually a magistrate.
   However, court proceedings, such as a trial, cannot be instituted until an indictment or information has been handed down against the defendant.
5. A bodily disorder or disease; the symptom of such a disorder.

   Don’t come too close; I’ve got this nasty complaint.

Synonyms[edit]

• (in criminal law, the preliminary charge or accusation made by one person against another to the appropriate court or officer) criminal complaint, complaint of an offence/offense, (penal) charge, (criminal) charges, criminal information, informing the police/authorities, notification of the police/authorities, reporting an offence/offense to the police/authorities

Derived terms[edit]

Translations[edit]

Anagrams[edit]

• coimplant, compliant