the first document filed with the court (actually with the County Clerk or Clerk
of the Court) by a person or entity claiming legal rights against another. The party
filing the complaint is usually called the plaintiff and the party against whom
the complaint is filed is called the defendant or defendants. Complaints are pleadings
and must be drafted carefully (usually by an attorney) to properly state the factual
as well as legal basis for the claim, although some states have approved complaint
forms which can be filled in by an individual. A complaint also must follow statutory
requirements as to form. For example, a complaint must be typed on a specific type
of paper or on forms approved by the courts, name both the party making the claim
and all defendants, and should state what damages or performance is demanded (the
prayer). When the complaint is filed, the court clerk will issue a summons, which
gives the name and file number of the lawsuit and the address of the attorney filing
the complaint, and instructs the defendant that he/she/it has a specific time to
file an answer or other response. A copy of the complaint and the summons must be
served on a defendant before a response is required. Under a unique statute, New
York allows a summons to be served without a complaint. A complaint filing must
be accompanied by a filing fee payable to the court clerk, unless a waiver based
on poverty is obtained.
See also answer caption in forma pauperis pleading prayer service of process
summons
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