Chapter 2: Writing The Complaint

• Pages: 25-43
• Author: Janet S. Kole

Writing The

Complaint

My writing background is that of afeature news reporter.

When Iwrote feature articles, my goal was to create a

story that areader would want to read to the end.

Believe it or not, you want to do the same with a

complaint. The story you want to tell should be the com-

pelling version of how your client was injured by the das-

tardly defendant. But wait, you say.What about all those

pesky recitals you have to make at the beginning of a

complaint, such as identifying the parties, setting out the

jurisdictional basis of your complaint, and reciting that

venue is properly laid?

Well, yes, you still have to include some technical re-

quirements. But THEN you can tell astory.

A. The “Boilerplate”

Each jurisdiction has its own requirements for what

every complaint must contain at aminimum. As always,

look at the rules to determine what the requirements are.

Rule 8(a)(1) of the Federal Rules of Civil Procedure, for

example, says:

Chapter Two

25

“(a)Claim for Relief. Apleading that states a

claim for relief must contain:

“(a) (1) ashort and plain statement of the

grounds for the court’sjurisdiction,

unless the court already has jurisdiction

and the claim needs no new

jurisdictional support ...”

By contrast, New Jersey Rule of Civil Procedure 4:5-2,

which sets out the requirements for acomplaint, makes no

mention of jurisdiction as anecessary element of the first

pleading. ANew Jersey plaintiff in state court is not re-

quired to assert that jurisdiction is proper.Asalways, check

the rules in your court.

The Federal Rules helpfully include the language re-

quired to be used in acomplaint to assert jurisdiction in

Form 7ofthe Appendix of Forms:

a. ( For diversity-of-citizenship jurisdiction.)

The plaintiff is [a citizen of Michigan][a

corporation incorporated under the laws of

Michigan with its principal place of business

in Michigan]. The defendant is [a citizen of

New York][acorporation incorporated under

the laws of New York with its principal place

of business in New York]. The amount in

controversy,without interest and costs, exceeds

the sum or value specified by 28 U.S.C. §1332.

b. ( For federal-question jurisdiction.) This

action rises under [the United States

26 Pleading Your Case: Complaints and Responses