Complaint

When the complaint is used

Timing: at the very start of a lawsuit, filed by the plaintiff. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• Rule 8(a) requires a short and plain statement of the grounds for the court's jurisdiction, a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for the relief sought.
• Each allegation must be simple, concise and direct (Rule 8(d)(1)).
• Caption, numbered paragraphs and signature requirements appear in Rules 10 and 11.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 3, 8(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The complaint in state court

This page covers the federal version. In state court, the complaint may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• 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.

Related procedures

Similarly, these procedures often come up alongside it:

• Summons and Service of Process: the formal way a defendant is notified of a lawsuit. The plaintiff must serve the summons together with a copy of the complaint (Rule 4(c)(1)).
• Answer: the defendant's responsive pleading. It admits or denies the allegations of the complaint and states any defenses.
• Motion to Dismiss for Failure to State a Claim: a motion arguing that, even if the facts alleged are true, the complaint does not state a claim upon which relief can be granted.
• Application to Proceed In Forma Pauperis: a request to start a case without prepaying the filing fee because the person cannot afford it.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.