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)

© 2009 Dan Goodman