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What is a Complaint?

Written by: Alan James Brinkmeier

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Lawsuits

Posted over 2 years ago. Applies to Illinois, 2 helpful votes, 0 comments

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Pleading

A complaint is a formal written pleading that sets out the basic facts and legal reasons that a plaintiff is entitled to obtain a remedy for a dispute.

Parties

The parties to the complaint are named both in the caption of the legal document and in the beginning paragraph. A complaint should state who is the plaintiff, who is the defendant, and the relationship between the two that forms the basis of the complaint.

Facts

The allegations section of the complaint should include all the necessary facts and dates upon which to base a claim for relief. Dates, times and places should all be provided in detail, as an example.

Elements of the Claim

The complaint also must include the necessary elements of the legal theory upon which the plaintiff bases the theory of relief. In contract law, each element of the legal theory should be pled, for one example. Having the needed legal elements of the cause of action is a necessity to have the complaint survive a motion to dismiss.

Prayer

The final part of the complaint states the prayer for relief. This prayer should describe the kind of relief the plaintiff is seeking in the legal document. For one example, if the complaint is for money damages, the prayer for relief should ask for a judgment in favor of the plaintiff in the amount of money damages to compensate the plaintiff.