What is a complaint?

A complaint is a document that is filed with a court by a plaintiff in a civil lawsuit. In Delaware, a complaint is a legal document that the plaintiff (or "the party who initiates the lawsuit") files with the court. The complaint outlines the plaintiff’s allegations against the defendant (i.e. wrongdoer) and the basis for the lawsuit. It explains why the plaintiff believes the defendant should be held accountable and liable for any injuries suffered by the plaintiff. The complaint must be drafted in a certain way, as outlined by the Delaware Rules of Civil Procedure. The complaint must include the name, age, and address of the plaintiff, the name of any defendant/defendants, the facts of the case, the legal theories for which the plaintiff is seeking relief, and the relief/damages that the plaintiff is seeking. The complaint usually includes a “prayer for relief” which details all of the relief that the plaintiff is seeking as a result of the lawsuit. This may include compensatory damages and/or punitive damages, costs, legal fees, and any other relief that the court may deem appropriate. Once the complaint is filed, the court will review it and decide whether it is sufficient to proceed with the case. If the court determines that the complaint adequately outlines the facts of the case and is legally sufficient, the defendant can be served with the complaint and required to respond to it within a prescribed amount of time.

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