Also known as: plaints · complaint
Written by attorneys · grounded in primary & secondary sources — see below
A formal written statement by which a plaintiff commences a civil action. The term survives chiefly in older practice and in replevin proceedings where it designates the initial pleading that sets forth the claim.
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Perry Pratt files a plaint against Phoebe Park seeking immediate return of equipment wrongfully detained. The court accepts the plaint as the sole initiating document under the governing rules and sets a hearing on possession. Phoebe must respond or risk default judgment.
After a dispute over detained goods, Perry Pratt files a plaint in the district where the property was held. The court reviews the plaint as the initiating civil pleading before any hearing on possession. Failure to file promptly would delay the action.
Platinum Partners receives a shareholder demand and begins an internal inquiry into the allegations stated in the plaint. The corporation moves the court to stay the derivative proceeding while the inquiry proceeds. The court grants a limited stay to allow completion of the review.
Pinnacle Holdings serves its answer to the plaint filed by Piper Patel alleging breach of a supply contract. The answer must admit or deny each allegation within the time permitted by the rules. Failure to respond permits entry of default.
A magistrate reviews a plaint and supporting affidavits submitted by telephone in an older civil replevin matter to determine possession rights. The judge places the applicant under oath and records the testimony. Upon review the judge sets the hearing date.
Philip Powell files a plaint captioned with the district court's name, the file number, and the full names of all parties as required by the rules. The title designates the document as a complaint under Rule 7(a). Proper captioning ensures the action is correctly docketed and served.
A plaint is the historical term for the initial pleading now called a complaint that commences a civil action under the Federal Rules of Civil Procedure.
The term plaint was used especially in replevin actions under older practice.
…an abortion on the wife. The action was brought against the District Attorney of the county in which the plaintiffs resided. The complaint alleged that Roe was unmarried and pregnant, that she wished to terminate her pregnancy by an abortion performed by a competent licensed physician under safe clinical conditions, that she…