How to Write a Complaint

Every lawsuit begins with a single legal document, a type of pleading called a complaint. A complaint is what a plaintiff files to lay out the reasons that the lawsuit is being filed, the facts of the case, and the cause of action - the legal reason for suing - so that both the defendant and the judge know the cause of the lawsuit and the basic facts to support it. If you have tried to settle a legal issue unsuccessfully and you are ready to take matters into your own hands, here is how to write a complaint:

Instructions

1. 

   Before You Start Your Complaint...

   Many civil courts have a form that you must use to write your complaint, usually required if you are filing in small claims. Before you even begin to draft an outline, make a visit to your local courthouse, ask for the clerk of the court, and find out if there is a form you must use for filing a lawsuit. If there is, grab a few copies of the blank form to take home, in case you make a mistake. Remember, the clerk cannot offer you any legal advice, so they won't be able to explain how the form should be filled out or what you should write in the blanks.

2. 

   Develop an Outline for Your Complaint

   Before you begin writing your complaint, get your facts straight. Create a dated outline of the facts leading to the incident, of the incident itself, and anything that happened after the incident that is relevant to the case. For instance, if you were in an auto accident, you would want to describe point by point where you were and what you were doing directly before the accident, what happened during the accident, and who was called and what was done after the accident happened. Once you have your time line established, it's time to begin writing the complaint:

3. 

   The Preliminary Statement

   The Preliminary Statement is the very beginning of your complaint. This is where you state the basic, undisputed facts: the name of the plaintiff or plaintiffs (your name, and any other plaintiff involved), the name of the defendant or the defendants, the name and location of where the incident happened, and the date and time the incident took place. If you are drafting a complaint in a new document, you can scroll down to the bottom of the article for a sample complaint. If you are using a form you received from the courthouse, follow the instructions for filling out the Preliminary Statement.

   Each fact you write down should be numbered, starting with the "1". Any additional points you want to add to a numbered point should be denoted with letters, starting with "a." An example of a Preliminary Statement would be:

   1. The Plaintiff, Joseph A. Smith, is a resident of New York.
   2. The Defendant, Mary. J. Johnson, is a resident of New York.
   3. This action arises from (the incident) that took place in (location of incident), which occurred on (date and time of incident).

   Each point hereafter should continue in the numbering format, using one numbering system for the entire document. So the next point you make, which will be under a new section "Statement of Facts," will begin at the number "4", not "1".

4. 

   The Statement of Facts

   This section should be a short summary more specific facts about the incident. Include information about what took place leading up to the incident, how the incident occurred, and what happened after the incident. Be very clear and concise, and include dates, times, and exact locations when possible. If you are unsure of an exact date or time, estimate, and be sure to include the terminology "on or about" when you aren't sure. However, you should never guess; if you do not have a good estimate, then either leave out that fact, or write down that you are unsure of that fact.

5. 

   Counting the Facts

   After the Statement of Facts comes the "meat" of the complaint. This is where you spell out every single thing that happened, naming dates, times, incidents, witnesses, persons involved, and anything else you can think of. This is where you get down to the nitty-gritty of your case; you can also include exhibits, denoted by their numbering (usually "Exhibit A," "Exhibit B," etc.) and attached to the very end of the complaint.

6. 

   Statement of Damages

   This is the end of your complaint, where you give the full amount of damages you are seeking as a result of the incident. This will be a simple, one-line statement, an example of which is below:

   Wherefore, the Plaintiff in the above-titled action claims ONE HUNDRED THOUSAND DOLLARS ($100,000) in damages.

   Obviously, you should change the amount of damages requested to meet your specific case.

7. 

   Sign & Date Your Complaint

   Underneath your Statement of Damages, you should sign and date the complaint. You should also include your mailing address and contact information for the defendant and the court to utilize. Once you have signed your complaint - and attached any exhibits, if you have included any - you're all finished! The next step after you write a complaint is to head back to the courthouse and file it to receive a docket number and initiate your lawsuit.

8. 

   Example Complaint

   This example is ONLY to be used as a guideline. A formal complaint will also need a caption at the top listing the plaintiff, defendant, jurisdictional court, and docket number. The court you file your complaint with may also have additional rules and restrictions for formatting your complaint; be sure to ask for a list of guidelines before you write a complaint to reduce the chance that your complaint is rejected.

   COMPLAINT AND REQUEST FOR JURY TRIAL

   Joseph A. Smith, Plaintiff, sues the defendant, Mary J. Johnson, and in support of such action, states as follows:

   PRELIMINARY STATEMENT

   1. The Plaintiff, Joseph A. Smith, is a resident of New York.
   2. The Defendant, Mary. J. Johnson, is a resident of New York.
   3. This action arises from (the incident) that took place in (location of incident), which occurred on (date and time of incident).

   STATEMENT OF FACTS

   5. On (date and time of incident), the Plaintiff, Joseph A. Smith, (short description of plaintiff's actions).
   6. At the same time, the Defendant, Mary J. Johnson, (short description of defendant's actions).

   COUNT ONE

   Plaintiff, Joseph A. Smith alleges and incorporates by reference all of the facts and allegations in paragraphs 1 through 6 above, and in addition, further alleges:

   7. (The incident) was caused by (cause of action: negligence, carelessness, etc) of the Defendant, Mary J. Johnson, for that among other acts and omissions the Defendant:

   a. (Fact to support cause of action);
   b. (Fact to support cause of action);
   c. (Fact to support cause of action);
   d. (Fact to support cause of action);
   (Include additional points as needed)

   8. As a direct and proximate result of the (cause of action) of the Defendant, the Plaintiff:

   a. (Suffering of plaintiff by defendant resulting in damages);
   b. (Suffering of plaintiff by defendant resulting in damages);
   c. (Suffering of plaintiff by defendant resulting in damages);
   d. (Suffering of plaintiff by defendant resulting in damages);

   9. All of the Plaintiff's losses were, are and will be due solely to and by reason of the (cause of action) of the Defendant, Mary J. Johnson, without any negligence or want of due care on the Plaintiff's part contributing thereto.

   Wherefore, the Plaintiff in the above-titled action claims ONE HUNDRED THOUSAND DOLLARS ($100,000) in damages.

   Respectfully submitted,

   ____________________________
   Joseph A. Smith
   Street Number and Name
   City, State, and