The complaint is the pleading that initiates a legal action. While the summons informs a defendant that she or he is being sued, the complaint tells him or her why the suit is being commenced.
There are five elements to a complaint:
Caption (or Style)
Jurisdiction
Cause of Action
Ad Damnum Clause
Subscription
Caption (or Style)
Every state has its own form of caption at the top of every pleading. Some states even have different forms for different counties. The federal courts have their own form of caption as well. Every caption will include:
The title of the document
The Court where the matter is being filed
The names of the parties (Plaintiff and Defendants)
For this document the title will be “Complaint.” Some attorneys prefer to be more specific in the title, such as, Complaint for Negligence, or Complaint for Breach of Contract. Ask the attorney what she or he prefers as the title. If you are unsure of how the court caption looks in your jurisdiction, there are two simple ways to determine the style. The easiest way is to simply ask the attorney for a previous example of a Complaint filed in the same court. If that is not possible, go to the court clerk’s office, and ask to see any file that is public record. Almost all documents filed with the court are public record, meaning that you have a right to view the file. Locate the Complaint and copy it. The caption is sometimes referred to as the style.
Jurisdiction
Somewhere in the document, the court must be given a reason to hear the matter. In personam jurisdiction is jurisdiction over the person. In rem jurisdiction is jurisdiction over the controversy. There are many other forms of jurisdiction, as well. While additional methods exist to establish jurisdiction, the most common manner is to simply state in the first two or three paragraphs at least one of the following:
The address of the plaintiff
(establishes in personam jurisdiction)
The address of the defendant
(establishes in personam jurisdiction)
Address where the controversy took place
(establishes in rem jurisdiction)
A common example of the jurisdictional paragraphs would be:
1. Plaintiff is now and at all times relevant has been a resident of El Paso County, Colorado.
2. Defendant is now and at all times relevant has been a resident of Kiowa County, Colorado.
3. The business the parties own is now and at all times relevant has been located in Denver County, Colorado.
The above statements actually establish potential jurisdiction in three different counties: El Paso County could have in personam jurisdiction, Kiowa County could have in personam jurisdiction, and Denver County could have in rem jurisdiction. Of course, the Plaintiff would have to choose which jurisdiction in which to file, and would most likely choose his or her own county of El Paso.
Federal complaints often have a formalized heading titled Jurisdictional Statement followed by the same sort of paragraph described above.
Cause of Action
A Cause of Action is a legitimate reason to sue. Also called Claim for Relief, every complaint must have at least one Cause of Action. There are hundreds of possible claims. The attorney will determine what claims are to be included in the complaint. Just a few examples of some common claims include:
Negligence
Negligence per se
Breach of Contract
Intentional Infliction of Emotional Distress
Misrepresentation
For a cause of action to succeed, it must establish a prima facie case. This means that the allegations, if they are eventually proven true at trial, could result in the Plaintiff being awarded damages. If the allegations do not constitute a valid prima facie case, the Defendant may file a Motion to Dismiss.
Ad Damnum Clause
Also called the Wherefore Clause, or Prayer for Relief, the Ad Damnum Clause tells the court specifically what the Plaintiff is asking for. A typical Ad Damnum Clause would be:
Wherefore, Plaintiff requests damages in an amount to be determined at trial, attorney’s fees and court costs, and for such other and further relief as the court deems just and proper.
Make sure to review previous complaints your attorney has filed for the format he or she prefers. Lawyers tend to stick with the Ad Damnum Clause they first learned, and grow comfortable with that style. Present the document in a form with which the attorney is most familiar.
Subscription
A subscription looks, simply, like a signature, with the name of the attorney, his or her bar association number, the address and phone number of the attorney. In legal terms, it is much more than a simple signature. By signing the document, the attorney is attesting that, to the best of her or his knowledge, the information provided is correct.
Numbering Paragraphs
Each paragraph should be numbered. The numbers may be standard Arabic numbers or Roman numerals. They may appear at the left hand side of the paragraph, or centered above each paragraph. But the best bet is to, again, notice how the attorney has numbered previously existing complaints. Always try to create a document with which the attorney feels familiar.
A paragraph in a complaint may contain a single sentence or multiple sentences, depending on whether the jurisdiction requires fact pleadings or notice pleadings (see below). In any case, each paragraph must contain a specific element tending to establish the claim being made.
Fact Pleading States v. Notice Pleading States
Some states require that each individual fact amounting to a prima facie case be set forth in the complaint. These are called fact pleading states. Some states, however, only require that sufficient notice be presented as to the allegations to be claimed at trial. These are referred to as notice pleading states. While not a perfect determinant, one way to tell the two kinds of pleadings apart is that fact pleading states tend to contain one sentence per paragraph. Each sentence tends to be a part of the prima facie case being presented. Notice pleading states tend to contain longer, multi-sentence paragraphs. It’s also possible to simply ask your attorney.
Note regarding verified complaints
To verify a complaint means to have the Plaintiff attest to its validity. The attestation usually occurs at the very end of the document. In most cases, complaints are not verified.
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