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Harding, which was decided by the Supreme Court of Illinois in 1966. Complaint Example Involving an Unverified Criminal ComplaintĪn example of a complaint being the central issue of a case before a state’s Supreme Court is The People v. The relief could be monetary or non-monetary in nature. Demand for Relief – Finally, in this section, the plaintiff describes the kind of relief he is seeking in filing the lawsuit.Injury – In this section, the plaintiff explains how the alleged actions of the defendant have caused him harm.Each cause of action is accompanied by “counts,” which is a numbered list of allegations made under the law. Causes of Action – This is where the plaintiff lists his reasons for bringing the action, and the law that supports his decision to sue.

Parties – The parties to the complaint, meaning the person or people who are suing, and the person or people being sued.

For example, a complaint filed in a court in West Virginia may be filed there because the defendant lives in West Virginia.

Jurisdiction and Venue – This section explains why the court the complaint is being brought in is, in fact, the right court to hear the matter.

The caption also includes the name of the court the complaint is being filed in, the parties’ names, and the name of the document.

Caption – The caption includes the contact information for the individual who is filing the complaint or the lawyer who is filing on the individual’s behalf.

The structural elements that tend to remain the same include: He simply fills in the blanks with his own information, or uses the basic outline and tailors it to his own situation. In fact, there is a form available on every state’s website that a plaintiff can use to draft a complaint. The structure of a complaint is generally the same, no matter the action. In some states, however, such a document must be filed before the court will issue an arrest warrant. His decision is based on whether there is enough evidence to charge that person with a crime, and whether the case is worth his time to prosecute it. The prosecutor then decides whether to file charges against the individual. Normally, in a criminal case, the defendant is arrested first, then the police submit a report to the local prosecutor. However, some states do permit individuals to file criminal complaints as well.Ī criminal complaint charges an individual with a crime. Rather than an individual filing the document, a criminal complaint is typically filed against an individual by the government. Criminal ComplaintĪ criminal complaint, also known as a felony complaint, is only slightly different from the civil version. However, in the event a complaint is filed with, say, someone’s Social Security number in it, this document will more than likely remain permanently under seal. For instance, in some cases, the filing party will specify when it is okay for the information in the document to be made public.

The confidentiality of the information within the document may be temporary or permanent. However, if the information contained in the document is to remain confidential, then the court may grant a filing under seal. Documents that are not filed under seal are viewable by the public. When a document is filed under seal, this means that the document will not become part of the public record. Filing Under SealĪn alternative to redacting information in the complaint is to request that the court permit the document to be filed under seal. There should also be a note on the paper to indicate that the information was, in fact, redacted. The person filing the lawsuit should either white-out or black-out sensitive text. Children’s names, if the action involves a minor (initials should be used instead).Social Security numbers (or Tax Identification Numbers).Information that should be edited out of a complaint includes: This includes any exhibits that may be attached to the document as well, which is not regular practice. Plaintiff’s demands for the defendant to follow to make good on what he allegedly did wrongĪccording to the Federal Rules of Civil Procedure (FRCP), any sensitive information should be redacted, or scratched out, before a civil complaint is filed with the court.The facts that led to the lawsuit being filed.The specific laws the defendant allegedly violated.