All About A Complaint

All About A Complaint Dan Goodman

A complaint is a legal form used in the courts to redress a grievance. In a civil suit, a complaint sets forth a claim, under oath, with a demand for relief. The three major components to the complaint are: jurisdiction, claim(s), and demand. Jurisdiction refers to the law which authorizes the court to hear the claim(s). The claim(s), also known as cause(s) of action, describe violations of law with assertions (facts to be proven in court). The demand is relief sought for such violations from the court, usually in the form of an judgement. The party filing the complaint is referred to as the complaintant (Note 1). The party to whom the complaint is made against is termed the respondent (Note 2). After an answer is received to the complaint by the court, the complaintant is then called the plaintiff and the respondent, is now known as the defendant. There is also a third party complaint. This is a complaint filed by the plaintiff or defendant against another party, that is a third party (the plaintiff being the first party, the defendant the second party). The complaint usually alleges that the third party is liable for all or a part of the claim in dispute between the plaintiff and defendant. It may also claim liability on the third party for any counterclaims filed by the defendant. The manner of sending these forms is virtually the same as a motion. See my work “All About A Motion.” A summons will need to be prepared for each party who is to received a copy of the complaint. In a criminal case, the complaint makes a formal charge, under oath, of a crime or crimes and/ or an offense or offenses. The complaint is a written accusation of a crime or crimes and/ or offense or offenses (also known as allegations) with provable facts to support the crime or crimes and/ or offense or offenses. Usually a criminal complaint is filed by a representative of the government. It is usually a prosecutor or special prosecutor. He or she is known as the accuser. The party to whom the complaint is made against is called the accused. Once the accused enters a plea,

he or she is then called the defendant. The prosecutor becomes the plaintiff. Criminal complaints can be filed by private citizens. Usually called private criminal complaints, they are subject to review and approval by the designated prosecutor. (Note 3) If approved, criminal charges are then filed, that is a criminal complaint. ____________ Notes: 1. There are two spellings for this designation: complaintant and complainant. Complaintant relates to the legal form of a complaint. Complainant to the process of complaining. It appears that both spellings are acceptable. The author, however, prefers the spelling of Complaintant, as this title relates to the legal form of the complaint. The process of complaining does not end until there is a judgement, dismissal, verdict or withdrawl of the complaint. And since the designation changes after an answer is received by the court, using the spelling of Complainant can be confusing. 2. The term respondent relates to the legal process used to answer a complaint. The process is to “respond” in writing (within a certain period of time) to the claim in the complaint. 3. “From 1987 to 1990, Pazden worked for Riverview Village Inc., a corporation wholly owned by Robert Pazden, appellant's brother. Riverview was incorporated to develop, market, and sell a condominium complex in Clifton, New Jersey. Between March 1989 and April 1990, Riverview contracted with purchasers for the sale of several individual units. After entering into those contracts, however, Riverview developed financial difficulties and ultimately failed. However, Riverview refused to return the deposits of numerous purchasers. It claimed that those purchasers had defaulted on their obligations under the agreements, and they were therefore not entitled to a refund. The corporation did, however, refund deposits to approximately 200 other purchasers. On February 26, 1991, one of the prospective purchasers filed a private criminal complaint against Pazden charging him with theft by deception. Pazden was arraigned on that complaint on March 27, 1991.” Pazden v. Maurer: 424 F.3d 303 (2005)

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Dan Goodman