In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief)]). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.

In some jurisdictions, specific types of criminal cases may also be commenced by the filing of a complaint, also sometimes called a criminal complaint or felony complaint. All criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power of the state with the goal of seeking criminal sanctions, such as the State (also sometimes called the People) or Crown (in Commonwealth realms). In the United States, the complaint is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process. In most U.S. jurisdictions, the charging instrument presented to and authorized by a grand jury is referred to as an indictment.

United States[link]

Virtually every U.S. state has some forms available on web for most common complaints for lawyers and self-representing litigants; if a petitioner cannot find an appropriate form in his state, he often can modify a form from another state to fit his request. Several United States federal courts published general guidelines for the petitioners and Civil Rights complaint forms.^[1][2][3][4]

Complaint generally has following structure elements:^[2]

• Caption and Heading - lists name, address and telephone number of the filing attorney at the top of the complaint. The casecaption usually also indicates the court in which the case originates, names of the parties and brief description of the document.
• Jurisdiction and venue - this section describes why the case should be heard in the selected court rather than some other court or forum.
• Parties - identifies plaintiffs and defendants.
• Statement of facts - lists facts that brought the case to the court.
• Cause of Action - a numbered list of legal allegations (called "counts"), with specific details about application of the governing law to the each count. In this section plaintiff usually cites existing Law, previous decisions of current court, cases from other courts, as an analogy to resolve similar questions of law.
• Injury - plaintiff explains to the judge how the actions of the defendants harmed his rights.
• Demand for relief - describes the relief that plaintiff is seeking as a result of the lawsuit. The relief can include request for declaratory judgment, request for injunctive relief (non-monetary relief), compensatory and actual damages (such as monetary relief), punitive damages (non-compensatory), and other relief.

After the complaint has been filed with the court, it has to be properly served to the opposite parties, but usually petitioners are not allowed to serve the complaint personally.^[5] Court also can issue summons - official summary document which plaintiff needs serve together with the complaint. The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer to a complaint can result in a default judgment in favor of the petitioner.

For example, in United States federal courts, any person who is at least 18 years old and not a party may serve a summons and complaint in a civil case.^[5] The defendant must submit an answer within 21 days after being served with the summons and complaint, or request a waiver, according to FRCP Rule 12.^[6] After the civil complaint was served to the defendants, plaintiff must as soon as practicable initiate a conference between the parties to plan for the rest of the discovery process.^[7]

In many U.S. jurisdictions, a complaint submitted to a court must be accompanied by a Case Information Statement, which sets forth specific key information about the case and the lawyers representing the parties. This allows the judge to make determinations about which deadlines to set for different phases of the case, as it moves through the court system.

There are also freely accessible web search engines to assist parties in finding court decisions that can be cited in the complaint as an example or analogy to resolve similar questions of law.^[8] Google Scholar is the biggest database of full text state and federal courts decisions that can be accessed without charge.^[8][9] These web search engines often allow one to select specific state courts to search.^[8]

Federal courts created the Public Access to Court Electronic Records (PACER) system to obtain case and docket information from the United States district courts, United States courts of appeals, and United States bankruptcy courts.^[10] The system is managed by the Administrative Office of the United States Courts; it allows lawyers and self-represented clients to obtain documents entered in the case much faster than regular mail.^[10]

Filing and privacy[link]

Example page from Complaint in Anderson v. Cryovac landmark case.^[11]

In addition to Federal Rules of Civil Procedure, many of the U.S. district courts have developed their own requirements included in Local Rules for filing with the Court.^[12] Local Rules can set up a limit on the number of pages, establish deadlines for motions and responses, explain whether it is acceptable to combine motion petition with a response, specify if a judge needs an additional copy of the documents (called "judge’s copy"), etc.^[13][14] Local Rules can define page layout elements like: margins, text font/size, distance between lines, mandatory footer text, page numbering, and provide directions on how the pages need to be bind together – i.e. acceptable fasteners, number and location of fastening holes, etc.^[13][14][15] If the filed motion does not comply with the Local Rules then the judge can choose to strike the motion completely, or order the party to re-file its motion, or grant a special exception to the Local Rules.

According to Federal Rules of Civil Procedure (FRCP) 5.2, sensitive text like Social Security number, Taxpayer Identification Number, birthday, bank accounts and children’s names, should be redacted off the filings made with the court and accompanying exhibits,^[16] (however, exhibits normally does not need to be attached to the original complaint, but should be presented to Court after the discovery). The redacted text can be erased with black-out or white-out, and the page should have an indication that it was redacted - most often by stamping word "redacted" on the bottom. Alternately, the filing party may ask the court’s permission to file some exhibits completely under seal. A minor's name of the petitions should be replaced with initials.^[16]

A person making a redacted filing can file an unredacted copy under seal, or the Court can choose to order later that an additional filing be made under seal without redaction.^[16] Copies of both redacted and unredacted documents filed with court should be provided to the other parties in the case. Some courts also require that additional electronic courtesy copy be emailed to the other parties.^[15]

Attorney fees[link]

Before filing the complaint, it is important for plaintiffs to remember that Federal courts can impose liability for the prevailing party's attorney fees to the losing party, if the judge considers the case frivolous or for purpose of harassment, even when the case was voluntarily dismissed.^[17][18] In the case of Fox v. Vice, U.S. Supreme Court held that reasonable attorneys' fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred "but for the frivolous claims." ^[19][20] Even when there is no actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting still can be awarded under FRCP Rule 11 when the opposing party files a Motion for Sanctions and the court issue an order identifying the sanctioned conduct and the basis for the sanction.^[21] The losing party has a right to appeal any order for sanctions in the higher court.^[22] In the state courts, however, each party is generally responsible only for its own attorney fees, with certain exceptions.^[18]

Australia and United Kingdom[link]

In some countries, (for example Australia^[23] and the UK^[24] and many countries of the European Community), the making of consumer complaints, particularly regarding the sale of financial services, is governed by statute. The statutory authority may require companies to reply to complaints within set time limits, publish written procedures for handling customer dissatisfaction and provide information about arbitration schemes.

See also[link]

• Cause of action
• Online Complaint Management System
• Petition
• Pleading
• Service of process

External links[link]

• Example of a Complaint Second Amended Complaint in Anderson v. Cryovac landmark case

References[link]

Look up complaint in Wiktionary, the free dictionary.

Wikiquote has a collection of quotations related to: Complaints

Look up complaint in Wiktionary, the free dictionary.

Jimmy Dean
Dean in 1966.
Background information
Birth name	Jimmy Ray Dean
Born	(1928-08-10)August 10, 1928 Olton, TX, United States
Died	June 13, 2010(2010-06-13) (aged 81) Varina, Virginia, United States[1]
Genres	Country
Occupations	Singer, actor, businessman
Instruments	Vocals, guitar
Years active	1953–2010
Labels	Columbia Records RCA Records
Associated acts	Roy Clark, Patsy Cline, Charlie Rich
Website	Dean's Website

Jimmy Ray Dean^[2] (August 10, 1928 – June 13, 2010)^[1] was an American country music singer, television host, actor and businessman. Although he may be best known today as the creator of the Jimmy Dean sausage brand, he became a national television personality starting in 1957, rising to fame for his 1961 country crossover hit "Big Bad John" and his television series, The Jimmy Dean Show, which also gave puppeteer Jim Henson his first national media exposure. His acting career included a supporting role as Willard Whyte in the 1971 James Bond movie, Diamonds Are Forever. He lived near Richmond, Virginia, and was nominated for the Country Music Hall of Fame in 2010, although he was formally inducted posthumously.

Biography[link]

Jimmy Dean: "Nine Pound Hammer"

Early life[link]

Dean was born in Olton, Texas, in 1928 the son of George Otto Dean, and his second wife Ruth (née Taylor) Dean. He attributed his interest in music to the Seth Ward Baptist Church.^[3] He dropped out of high school and became a professional entertainer after a stint in the U.S. Air Force in the late 1940s. Dean was 22 and just starting in show business when he married his first wife Mary Sue in 1950.

Entertainment career[link]

Dean had his first hit, "Bummin' Around", in 1953 on the 4 Star label, but had no other hits for the rest of the decade. He signed with Columbia Records in 1957.

In 1954, Dean hosted the popular Washington D.C. radio program Town and Country Time on WARL-AM, and with his Texas Wildcats became popular in the Mid-Atlantic region. Patsy Cline and Roy Clark got their starts on the show. Although Cline and Dean became good friends, Clark (Dean's lead guitarist) was eventually fired by the singer for what was explained as his chronic tardiness. Dean replaced Clark with Billy Grammer. In 1955, Town and Country Time moved to WMAL-TV on weekday afternoons. Dean and the Texas Wildcats also appeared during 1957 on Town and Country Jamboree on WMAL-TV on Saturdays from 10:30 pm–1:30 am ET, which was also carried by TV stations in Maryland and Virginia on a regional network.

Also during 1957, Dean hosted Country Style on WTOP-TV on weekday mornings. CBS picked up the show nationally from Washington for eight months in 1957 under the name, The Morning Show.^[4][5] Then from September 14, 1958, to June 1959, CBS carried The Jimmy Dean Show on weekday and Saturday afternoons.

Dean became best known for his 1961 recitation song about a heroic miner, "Big Bad John". Recorded in Nashville, the record went to number one on the Billboard pop chart and inspired many imitations and parodies. It sold over one million copies, and was awarded a gold disc.^[6] The track peaked at No. 2 in the UK Singles Chart.^[7] The song won Dean the 1962 Grammy Award for Best Country & Western Recording. He had several more Top 40 songs including a Top 10 in 1962 with "PT-109", a song in honor of John F. Kennedy's bravery in World War II.^{[citation needed]}

In the early 1960s, he hosted the Tonight Show on occasion and one night introduced Roy Clark, with whom he had remained friendly. In the mid-60s, Dean helped bring country music into the mainstream^[8] with his 1963–66 ABC-TV variety series, The Jimmy Dean Show. It presented country music entertainers including Roger Miller, George Jones, Charlie Rich, Buck Owens and some, like Joe Maphis, who seldom received network exposure. The program also featured comedy and a variety of popular music artists, and Dean's sketches with one of Jim Henson's Muppets, Rowlf the Dog. Henson was so grateful for this break that he offered Dean a 40 percent interest in his production company, but Dean declined on the basis that he did nothing to truly earn it and Henson deserved all the rewards for his own work.^[9]

Dean appeared on several TV talk shows and game shows in the 1960s and performed on variety programs including The Ed Sullivan Show, The Pat Boone Chevy Showroom, and The Hollywood Palace.^[10]

Dean turned to acting after his TV show ended in 1966. His best-known role was as reclusive Las Vegas billionaire Willard Whyte in the 1971 James Bond movie, Diamonds Are Forever. He also appeared in fourteen episodes of Daniel Boone (1967–70) in three different roles (one episode as "Delo Jones", two as "Jeremiah" and eleven as "Josh Clements") and as Charlie Rowlands in two Fantasy Island episodes (1981–82), as well as on other TV shows including a semi-regular role as Charlie Bullets on J.J. Starbuck starring Dale Robertson (1987–88).^[10]

Dean's singing career remained strong into the mid-1960s; in 1965, he achieved a second number one country hit with the ballad "The First Thing Ev'ry Morning (And the Last Thing Ev'ry Night)", and he had a Top 40 hit that year with "Harvest Of Sunshine". In 1966, Dean signed with RCA Records and immediately had a Top 10 hit with "Stand Beside Me". His other major hits during this time included "Sweet Misery" (1967) and "A Thing Called Love" (1968). He continued charting into the early 1970s with his major hits including a duet with Dottie West, "Slowly" (1971); and a solo hit with "The One You Say Good Morning To" (1972).^{[citation needed]}

In 1976, Dean achieved a million-seller with a recitation song as a tribute to his mother and mothers everywhere called "I.O.U." The song was released a few weeks before Mother's Day and quickly became a Top 10 country hit, his first one in a decade, and a Top 40 pop hit, his first in 14 years. The song was re-released in 1977, 1983 and 1984, but with minor success each time.

Business career[link]

In 1969, he founded the Jimmy Dean Sausage Company^[1] with his brother Don. The company did well, in part because of Dean's own extemporized, humor-themed commercials.^[11]

Its success led to its acquisition in 1984 by Consolidated Foods, later renamed the Sara Lee Corporation. Dean remained involved in running the company, but the new corporate parent eventually began phasing him out of any management duties, a period that took a toll on his health. In January 2004, Dean said that Sara Lee had dropped him as the spokesman for the sausage brand, saying that he was too old.

Later years and death[link]

A Virginia resident since 1990, Dean was inducted into the Virginia Country Music Hall of Fame in 1997. Former Virginia governor Jim Gilmore appointed Dean to the Virginia Board of Game and Inland Fisheries, which oversees the state's wildlife efforts and boating laws.

In the fall of 2004, he released his blunt, straight-talking autobiography 30 Years of Sausage, 50 Years of Ham. Dean lived in semi-retirement with second wife, Donna Meade Dean, a singer, songwriter, and recording artist he married in 1991, who helped him write his book. The couple lived on their property at Chaffin's Bluff overlooking the James River in Henrico County, on the outskirts of Richmond, Virginia. On April 20, 2009, the main house was largely gutted by a fire, although the Deans escaped injury. The Deans rebuilt their home on the same foundation and returned early in 2010.

Dean, who dropped out of high school in 1946 to work and help his mother, announced on May 20, 2008, a donation of $1 million to Wayland Baptist University in Plainview, the largest gift ever from one individual to the institution. Dean said: "I've been so blessed, and it makes me proud to give back, especially to my hometown."^[12]

On February 23, 2010, Dean was inducted into the Country Music Hall of Fame. He was to have been inducted in October.

Dean had three children, Garry, Connie, and Robert, with his first wife Mary Sue (née Wittauer) Dean; and two granddaughters, Caroline Taylor (Connie's daughter) and Brianna Dean (Robert's daughter).

Dean died at the age of 81, on June 13, 2010, of natural causes at his home in Varina, Virginia. He was survived by his second wife Donna.^[13]

He was entombed in a 9-foot-tall (2.7 m) piano-shaped mausoleum overlooking the James River on the grounds of his estate. His epitaph reads "Here Lies One Hell of a Man", A Quote from a Lyric from his uncensored version of his song Big Bad John.^[1][14]

Discography[link]

References[link]

External links[link]

• Jimmy Dean at the Internet Movie Database
• Interview with Jimmy Dean
• The Jimmy Dean Show at Muppet Wiki
• "Why Jimmy Dean started making sausage"
• "Jimmy Dean—AN INTERVIEW WITH “THE DEAN OF COUNTRY MUSIC," with Bill Miller