COMPLAINT

complaint. 1. The initial pleading that starts a civil action and states the basis for the court’s jurisdiction, the basis for the plaintiff’s claim, and the demand for relief. • In some states, this pleading is called a petition. [Cases: Federal Civil Procedure  671; Pleading  38.5. C.J.S. Pleading §§ 94–95.] 2.Criminal law. A formal charge accusing a person of an offense. Fed. R. Crim. P. 3. Cf. INDICTMENT; INFORMATION. [Cases: Indictment and Information  54. C.J.S.Indictments and Informations §§ 68–69.] amended complaint.A complaint that modifies and replaces the original complaint by adding relevant matters that occurred before or at the time the action began. Fed. R. Civ. P. 15(d). • In some circumstances, a party must obtain the court’s permission to amend its complaint. Fed. R. Civ. P. 15(a). — Also termed substituted complaint. Cf. supplemental complaint. [Cases: FederalCivil Procedure  839; Pleading  233, 242. C.J.S. Pleading §§ 332, 334, 355–358.] complaint for modification.See motion to modify under MOTION. fresh complaint.See FRESH COMPLAINT. preliminary complaint.A complaint issued by a court to obtain jurisdiction over a criminal suspect for a hearing on probable cause or on whether to bind the suspect over for trial. [Cases: Criminal Law  208. C.J.S. Criminal Law §§ 324, 327.] substituted complaint.See amended complaint. supplemental complaint.An additional complaint that either corrects a defect in the original complaint or adds relevant matters that occurred after the action began. • Generally, a party must obtain the court’s permission to file a supplemental complaint. Fed. R. Civ. P. 15(d). Cf. amended complaint. [Cases: Federal Civil Procedure  864; Pleading  279. C.J.S. Pleading §§ 461, 463–464, 466.] third-party complaint.A complaint filed by the defendant against a third party, alleging that the third party may be liable for some or all of the damages that the plaintiff is trying to recover from the defendant. Fed. R. Civ. P. 14. [Cases: Federal Civil Procedure  281; Parties  49;Pleading  149. C.J.S. Parties § 127; Pleading § 203.] well-pleaded complaint.An original or initial pleading that sufficiently sets forth a claim for relief — by including the grounds for the court’s jurisdiction, the basis for the relief claimed, and a demand for judgment — so that a defendant may draft an answer that is responsive to the issues presented. • In federal court, a well-pleaded complaint must raise a controlling issue of federal law, or else the court will not have federal-question jurisdiction over the lawsuit. [Cases: Federal Civil Procedure  673; Pleading  48. C.J.S. Pleading §§ 116–124, 132–133.] [Blacks Law 8th]