Claim

What claim means

In short, claim is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where claim comes up

For example, the term appears in these procedures:

• Complaint (Fed. R. Civ. P. 3, 8(a)): the pleading that starts a civil action. Under Rule 3, a civil action is commenced by filing a complaint with the court.
• Motion to Dismiss for Failure to State a Claim (Fed. R. Civ. P. 12(b)(6)): a motion arguing that, even if the facts alleged are true, the complaint does not state a claim upon which relief can be granted.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses claim in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Plaintiff: the person or entity that starts a civil lawsuit by filing a complaint.
• Pleading: a formal written statement of a party's claims or defenses. Under Federal Rule of Civil Procedure 7(a), the pleadings are the complaint, the answer, and certain other listed documents. Motions are not pleadings.
• Complaint: the pleading that starts a civil case by stating the plaintiff's claims and the relief requested.
• Caption: the heading of a court document identifying the court, the parties, the case number and the document title.
• Legal name: the name that identifies a person for legal purposes. For an individual, it is generally the name recorded at birth unless lawfully changed, for example by marriage or court order. For a business entity, it is the name in its formation documents.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.