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When used in civil proceedings in England and Wales, the term "complaint" refers to the mechanism by which civil proceedings are instituted in the magistrates' court and may be either written or oral.Ī demurrer is a pleading (usually filed by a defendant) which objects to the legal sufficiency of the opponent's pleading (usually a complaint) and demands that the court rule immediately about whether the pleading is legally adequate before the party must plead on the merits in response. The Claimant also has the option, under Practice Direction 7A.61 to serve Particulars of Claim (a document setting out the allegations which found the cause of action) within 14 days of issue of the Claim Form. In England and Wales, the first pleading is a Claim Form, issued under either Part 7 or Part 8 of the Civil Procedure Rules, which sets out the nature of the action and the relief sought, and may give brief particulars of the claim. In equity, sometimes called chancery, the initial pleading may be called either a petition or a bill of complaint in chancery. In some situations, a complaint is called a petition, in which case the party filing it is called the petitioner and the other party is the respondent.
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A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause). Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. Pleading in early American law was done through common law writs (for example demurrer).