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PinkAmy
04-12-2011, 09:46 PM
I've got a 25 page civil complaint in my hands. There are 120 numbered sections. Are these referred to as counts?
The first dozen are factual-- X person was born XX/XX/XXXX, Y person lives at Z address. etc. which leads me to believe these numbered passages aren't called counts. All of these things are provable.
At 17. The document starts listing inaccuracies as fact (aka lies) X person did ____ to Y person . These seem like what I know as count-- like a person is being sued for 20 counts of trespassing or am I confusing civil and criminal terminology?
So from 17-60 there are a bunch of alleged facts (aka lies, misperceptions and a few truths) that cannot be definitely proven one way or another the way the first 17 can be.
Then 61- says the negligence consists of 24 things labeled a thru x
60-70- alleged losses the plaintiffs claim.
Then there is COUNT II- negligence
75-85- basically saying everything in 1 thru 70 in different words
then Count III Intentional inflction of emotional distress.
86-100
Count IV Negligent Infliction of Emotions distress
100-110 same shit different day
Count V- another count
110-120- defamation, libel, slander
Count VI- Abuse of process

The roman numerals labeled COUNT go from II-VI with a bunch of the ordinal numbers either before or after them.
What are the ordinal numbers before the counts called--- are they also counts like Count II is negligence with counts of negligence within the counts or called something else. (I'm not sure if the numbers before or after relate to which count, because it all seems like regurgitation of the same info).

I tried to google this and didn't find the info.

Thanks in advance.

The Grift
04-12-2011, 11:20 PM
Assumptions:
1. This is in America (as guessed by the fact you're in Philly).
2. I understand your questions correctly.

Explanations
3. The numbered sections are just called paragraphs.
4. Paragraphs in a Complaint are numbered for a lot of reasons, including for ease of reference and so that the Answer can correlate to the Complaint.

Counts
5. Counts are the things that the Plaintiff is accusing the Defendant of.
6. They almost always correspond to a legal theory or statutory violation.

Complications
7. Depending on jurisdiction, there's not necessarily a standard way to do these things. For instance, some complaints may start the paragraph numbering over in every section, some complaints may number each section in the facts/allegations portions of the complaint, and some, like yours, might just number every paragraph from start to finish without ever restarting.
8. The local court, civil, or practice rules will determine what needs to be in your complaint. Some are very detailed. Some are not.

Ordinal Numbers
9. I'm not quite sure what you're referring to here... could you provide an example?

PinkAmy
04-12-2011, 11:24 PM
Assumptions:
1. This is in America
2. I understand your questions correctly.

Explanations
3. The numbered sections are just called paragraphs. oh, lol-- I thought they'd have some superduper legal name
4. Paragraphs in a Complaint are numbered for a lot of reasons, including for ease of reference and so that the Answer can correlate to the Complaint. makes sense

Counts
5. Counts are the things that the Plaintiff is accusing the Defendant of.
6. They almost always correspond to a legal theory or statutory violation.
why would it start at II and not I (2 and not 1). The beginning has Complain underlined, but not count 1?

Complications
7. Depending on jurisdiction, there's not necessarily a standard way to do these things. For instance, some complaints may start the paragraph numbering over in every section, some complaints may number each section in the facts/allegations portions of the complaint, and some, like yours, might just number every paragraph from start to finish without ever restarting.
8. The local court, civil, or practice rules will determine what needs to be in your complaint. Some are very detailed. Some are not.

Thanks, I just wanted to be sure i was using correct terminology. Turns out I was going to call the paragraphs counts, so I would have been mistaken.

The Grift
04-12-2011, 11:28 PM
I don't know why it starts with Count II. It's possible the attorney or a secretary just messed up. There might have been another count that was deleted and it was never renumbered. I'd have to see it to say for certain.

Or maybe PA law is different than NJ. (That's a joke: it is. But I don't know much about how PA courts mandate pleadings be formatted.)

PinkAmy
04-13-2011, 12:14 AM
I wouldn't have known it was a joke w/o you telling me :D. Thanks for all your help.