Definition
A complaint is the initiating pleading in a civil lawsuit, filed by the plaintiff to formally begin a case against a defendant. It identifies the parties, lays out the facts, states the legal claims, and asks the court for a specific remedy. Filing the complaint is the act that puts the dispute before the court and starts the litigation process.
Legal Meaning
The complaint is the foundation of a civil case. It is the first formal document, known as a pleading, that the plaintiff submits to the court. By filing it, the plaintiff tells the court and the defendant exactly what the dispute is about, why the law entitles the plaintiff to relief, and what relief the plaintiff wants—usually damages, an injunction, or a declaration of rights.
In federal court, complaints are governed by the Federal Rules of Civil Procedure, particularly Rule 8, which requires a short and plain statement of the claim showing the plaintiff is entitled to relief. State courts have their own rules of civil procedure, and the details can vary; some states use fact pleading, which demands more specific factual allegations than the notice pleading used in federal court. In criminal matters, the word "complaint" can also describe the charging document that begins a case, but the civil complaint is the most common use.
The complaint defines the boundaries of the case. The claims and parties it names shape what evidence will matter during discovery and at trial. It also must be filed within the applicable statute of limitations, or the defendant can move to dismiss the case as time-barred.
Key Points
- The complaint is the document that starts a civil lawsuit
- It is filed by the plaintiff against one or more defendants
- It must state the facts, the legal claims, and the relief requested
- Federal courts require a short and plain statement under Rule 8
- Some states require more detailed fact pleading than federal courts
- The complaint and a summons are served together on the defendant
- It must be filed within the statute of limitations or risk dismissal
- A complaint can usually be amended to add facts, claims, or parties
Real-World Example
After a delivery van runs a red light and strikes her car, Priya hires an attorney to sue the driver and the delivery company. Her attorney prepares a complaint that names Priya as the plaintiff and the driver and company as defendants, explains that the court has jurisdiction, and describes how the crash happened.
The complaint sets out a negligence claim, alleging the driver breached a duty of care and caused Priya's injuries, and asks for damages covering her medical bills, lost wages, and pain and suffering. Once filed and served with a summons, the complaint requires the defendants to respond, and the lawsuit is officially underway.
Common Parts of a Civil Complaint
| Section | Purpose |
|---|---|
| Caption | Names the court, the parties, and the case number |
| Jurisdiction & Venue | Explains why this court has authority over the case |
| Parties | Identifies the plaintiff(s) and defendant(s) |
| Factual Allegations | Describes what happened and when |
| Causes of Action | States each legal claim and its required elements |
| Prayer for Relief | Lists the remedies the plaintiff is asking the court to grant |
| Signature & Verification | Signed by the attorney or party; sometimes sworn to be true |
What Happens After a Complaint Is Filed
Filing the complaint is only the first step. Several things follow in sequence:
Service of Process
The plaintiff must formally deliver the complaint and a summons to each defendant. Proper service ensures the defendant has notice, a requirement rooted in due process.
The Defendant's Response
The defendant typically has 20 to 30 days to file an answer or a motion to dismiss. Our guide on responding to a court summons explains the defendant's options and deadlines.
Possible Early Dismissal
A defendant may file a motion to dismiss, arguing that even if every fact in the complaint is true, it does not state a valid legal claim. If the complaint survives, the case proceeds toward discovery and, potentially, trial and a judgment.
Related Terms
Need to File or Respond to a Complaint?
Whether you are starting a case or have just been served, the right attorney can protect your interests.
Find a Lawyer Near YouWhen You Need a Lawyer
Both filing a complaint and responding to one carry real consequences, so legal help is valuable in either situation. An attorney can:
- Draft a complaint that properly states each element of your claim
- Confirm the correct court and defendants before filing
- Make sure the complaint is filed within the statute of limitations
- Handle service of process correctly
- Advise a defendant on how to answer or move to dismiss
If you are bringing an injury claim, you can learn more about your options on our personal injury practice area page, and review costs in our guide on understanding legal fees.
Frequently Asked Questions
What is a complaint in a lawsuit?
A complaint is the initiating document, or pleading, that the plaintiff files with the court to start a civil lawsuit. It names the parties, states the facts and legal claims against the defendant, and asks the court for a specific remedy such as money damages or an injunction. Filing the complaint formally begins the case.
What must a complaint contain?
A complaint generally must include a statement of the court's jurisdiction, the identities of the parties, a clear statement of the facts and legal claims showing the plaintiff is entitled to relief, and a demand for the relief sought, often called the prayer for relief. The exact requirements are set by the rules of civil procedure in each court system.
What happens after a complaint is filed?
After filing, the plaintiff must serve the complaint and a summons on the defendant, giving formal notice of the lawsuit. The defendant then has a limited time, often 20 to 30 days, to respond with an answer or a motion. If the defendant does not respond, the court may enter a default judgment for the plaintiff.
Is a complaint the same as a summons?
No. The complaint is the document that states the plaintiff's claims and the relief requested. The summons is a separate court-issued notice that tells the defendant they are being sued and explains the deadline to respond. The two documents are normally served on the defendant together.
Can a complaint be amended after it is filed?
Yes. A plaintiff can usually amend a complaint to correct errors, add facts, or add claims or parties. Early in a case, amendment is often allowed once as a matter of course; afterward, the plaintiff typically needs the other side's consent or the court's permission. Courts generally grant leave to amend freely when justice requires it.