count

Count

InCommon-Law PleadingorCode Pleading, the initial statements made by a plaintiff that set forth aCause of Actionto commence a civil lawsuit; the different points of a plaintiff's declaration, each of which constitute a basis for relief. InCriminal Procedure, one of several parts or charges of an indictment, each accusing the defendant of a different offense.

The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure. Sometimes count is used to denote the numbered paragraphs of a complaint, each of which sets out an essential element of the claim.

Federal and state rules of criminal procedure govern the standards that a criminal count must satisfy in federal and state criminal matters.

count

n. each separate statement in a complaint which states a cause of action which, standing alone, would give rise to a lawsuit), or each separate charge in a criminal action. For example, the complaint in a civil (non-criminal) lawsuit might state: First Count (or cause of action) for negligence, and then state the detailed allegations; Second Count for breach of contract, Third Count for debt, and so forth. In a criminal case each count would be a statement of a different alleged crime. There are also so-called common counts which cover various types of debt. (See: common counts)

count

a paragraph in an indictment containing a distinct and separate charge.

COUNT, pleading. This word, derived from the French conte, a narrative, is
in our old law books used synonymously with declaration but practice has
introduced the following distinction: when the plaintiff's complaint
embraces only a single cause of action, and he makes only one statement of
it, that statement is called, indifferently, a declaration or count; though
the former is the more usual term.
2. But when the suit embraces two or more causes of action, (each of
which of course requires a different statement;) or when the plaintiff makes
two or more different statements of one and the same cause of action, each
several statement is called a count, and all of them, collectively,
constitute the declaration.
3. In all cases, however, in which there are two or more counts, whether
there is actually but one cause of action or several, each count purports,
upon the face of it, to disclose a distinct right of action, unconnected
with that stated in any of the other counts.
4. One object proposed, in inserting two or more counts in one
declaration, when there is in fact but one cause of action, is, in some
cases, to guard against the danger of an insufficient statement of the
cause, where a doubt exists as to the legal sufficiency of one or another of
two different modes of declaring; but the more usual end proposed in
inserting more than one count in such case, is to accommodate the statement
to the cause, as far as may be, to the possible state of the proof to be
exhibited on trial; or to guard, if possible, against the hazard of the
proofs varying materially from the statement of the cause of action; so that
if one or more or several counts be not adapted to the evidence, some other
of them may be so. Gould on Pl. c. 4, s. 2, 3, 4; Steph. Pl. 279; Doct. Pl.
1 78; 8 Com. Dig. 291; Dane's Ab. Index, h.t.; Bouv. Inst. Index, h.t. In
real actions, the declaration is most usually called a count. Steph. Pl. 36,
See Common count; Money count.

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