A complaint in civil litigation is the foundational legal document filed by a plaintiff to initiate a lawsuit. Once the parties identified, determined what cause of accusation the plaintiff has, and decided what relief is to be requested, prepare to start drafting the complaint for the attorney’s review.
All statements contained in a complaint, or any pleading, should be true. However at times a plaintiff is not certain about some facts that must be alleged in the complaint. Many complaints contain more than one cause of action. In such a case, it is important to remember that each cause of action should be sufficient in itself to constitute a legally sufficient complaint. Not all parties to the complaint must be parties to all causes of accusation. However, each of those named in the caption must be a party to at least one cause of action within the complaint. ( Kerley et al., 2001)
Additionally, a complaint must include detailed and specific allegations, outlining the facts that demonstrate how the defendant’s actions caused harm to the plaintiff. Each cause of action should be clear and legally sufficient on its own, and the complaint must also specify the relief or damages the plaintiff is seeking, such as monetary compensation or injunctive relief. It’s important to establish the court’s jurisdiction (its authority to hear the case) and the appropriate venue (the location where the case should be filed). Once filed, the complaint must be served on the defendant, ensuring they are properly notified of the lawsuit. After service, the defendant typically has a set period to respond, either by filing an answer to admit or deny the allegations or by filing a motion to dismiss, arguing that the complaint does not meet the legal requirements.