How to Write a Sample Complaint to the Courts

A court complaint must contain basic elements to be valid.

A criminal or civil complaint is slightly different in form from one state to another. Nonetheless they all share the same basic components. Preparation of a sample complaint would necessarily include all the elements required to constitute a complaint that is credible; what the courts describe as "valid on its face."

Instructions

1. Determine the law that was violated by the person being accused. Find the specific statute chapter, title, section and subsection, and the specific language of the statute. The specific date and time of the violation is also necessary.

2. Prepare the heading of the complaint. This generally contains the name of the state, county, and locality of the court at the top of the page. Below that would be the name of the complainant vs. the accused.

3. Arrange the accusatory information paragraph. This must include the name, date of birth and address of the person making the accusation, the name of the accused and the title of the statute allegedly violated. Following this information would be the accusation that the accused committed the offense at a specific date, time and location.

4. Prepare the description of the statute. This paragraph simply recites the exact language of the statute that is the subject of the complaint.

5. Organize the factual paragraph. In this portion of the complaint, the specific actions of the accused and how he violated the particular law are laid out. For example, "On the aforementioned date and time, the defendant did commit acts A, B and C in violation of the aforementioned statute."

6. Include a paragraph that states how the complainant gained his knowledge of the guilt of the accused. If it is all or partially from the statements of others, their written statements must be attached. You must also indicate whether a warrant is requested or if the accused has already been arrested and ordered to appear in court at a later date.

7. Prepare the final portion of the document, which must include an oath or affirmation of truth, the signature of the complainant and the date the document was signed.

References

• The Free Dictionary-Legal Dictionary: Accusation
• State of New York: Criminal Procedure Law 100.15

Resources

• Minnesota Judicial Branch: Sample Criminal Complaint Template