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Complaint

From Simple English Wikipedia, the free encyclopedia

Inlegalterminology,acomplaintis any formal legaldocumentthatestablishesthe facts and legal reasons for alawsuit.A complaint must list the reasons for theplaintiff'scase,and it must ask for a specificlegal remedy.[1]Once a complaint is filed with thecourtasummons(an order from the court) is notifies thedefendanta lawsuit has been filed against them.[2]Once adefendantreceives notice of a complaint, they must reply within a specified period of time with ananswer.[1]Complaints arepleadingsthat must be written carefully to properly state the facts and legal basis for the claim.[3]Usually this requires the help of anattorney.[3]

In somejurisdictions,specific types ofcriminal casesmay also be started by the filing of a complaint. This is also called acriminal complaintorfelony complaint.All criminal cases areprosecutedin the name of thegovernmental authority.This is the same authority whosecriminal lawswere broken and who enforcescriminal statutes.The government is sometimes calledthe state,the Peopleorthe Crown(inCommonwealth realms). In the United States, the complaint is often associated withmisdemeanorcharges presented by theprosecutorwithout thegrand juryprocess. In mostUSjurisdictions, the document presented to and authorized by a grand jury is called anindictment.[4]

References

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  1. 1.01.1"Complaint".Cornell University Law School.Retrieved29 October2015.
  2. "Starting a Lawsuit: Initial Court Papers".FindLaw.Retrieved29 October2015.
  3. 3.03.1"Complaint".Law.Retrieved29 October2015.
  4. "Indictment".The Free Dictionary/Farlex.Retrieved29 October2015.