Federal Rules of Civil Procedure Regarding the Contents of a Complaint

The Federal Rules of Civil Procedure detail the litigation process in federal courts. The first major step in this process is the filing of a complaint with the court. The complaint initiates the formal litigation process. Rule 8 provides the vast majority of the requirements for a properly drafted complaint.

Elements of a Complaint

FRCP Rule 8(a) specifies what must be included in a complaint. A complaint must include a short and plain statement of the grounds upon which the court's jurisdiction depends; a short and plain statement of the claim showing that the plaintiff is entitled to relief; and a demand for judgment for the relief the plaintiff seeks. Some courts also have local rules regarding filings, including complaints.

Steps

The complaint does little more than begin the litigation process. The vast majority of the process follows the complaint. For example, following the complaint is an opportunity for the addition of other parties and other claims between and amongst the parties. Also, the parties are permitted the opportunity for discovery--the information-gathering tool by which one party can get information from another.

Alternative Dispute Resolution

Many contracts include an agreement to seek to avoid formal litigation by use of alternative dispute resolution (ADR). This can include arbitration and/or mediation of the dispute before seeking to file a complaint in court.

State Rules

Just as the federal court system has rules of procedure, so too do state court systems. Many states have rules that largely mirror the FCRP. However, it is very important that one review the rules of the court in which the case is filed.