What is Complaint?
The initial document filed to start a lawsuit, setting forth the plaintiff's claims, the facts supporting them, and the relief sought.
Understanding Complaint
The complaint identifies the parties, establishes jurisdiction, states causes of action, and demands relief. It must be served on the defendant along with a summons. The defendant then has a set time to respond with an answer.
Examples
- 1Personal injury complaint alleging negligence
- 2Complaint filed in state court
- 3Service of complaint and summons on defendant
Related Terms
Answer
The defendant's formal written response to a complaint, admitting or denying allegations and raising any defenses.
Service of Process
The formal delivery of legal documents, such as a complaint and summons, to a defendant to provide official notice that a lawsuit has been filed against them.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
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