Editing Complaint (section)

==United States==
Every [[U.S. state]] has some forms available on the [[World Wide Web|web]] for most common complaints for [[lawyer]]s and [[Pro se legal representation in the United States|self-representing]] litigants; if a petitioner cannot find an appropriate form in their state, they often can modify a form from another state to fit his or her request. Several [[United States federal courts]] publish general guidelines for the petitioners and [[civil liberties|Civil Rights]] complaint forms.<ref>{{cite web|url=http://www.utd.uscourts.gov/forms/prose_guide.pdf|title=Pro Se Litigant Guide - Utah|access-date=2011-05-12|archive-url=https://web.archive.org/web/20110617103344/http://www.utd.uscourts.gov/forms/prose_guide.pdf|archive-date=2011-06-17|url-status=dead}}</ref><ref name=utah>{{cite web|url=http://www.utd.uscourts.gov/forms/civilrt_guide.pdf|title=Civil Rights Complaint Guide - Utah|access-date=2011-05-12|archive-url=https://web.archive.org/web/20120907073125/http://www.utd.uscourts.gov/forms/civilrt_guide.pdf|archive-date=2012-09-07|url-status=dead}}</ref><ref name="SCD">{{Cite web|url=http://www.scd.uscourts.gov/docs/prose.pdf |title=INFORMATION ON REPRESENTING YOURSELF IN A CIVIL ACTION (NON-PRISONER)|author=United States District Court of South Carolina|date=2023-12-01|access-date=2024-12-19|archive-url=https://web.archive.org/web/20241212161543/http://www.scd.uscourts.gov/DOCS/PROSE.pdf |archive-date=2024-12-12}}</ref>

After the complaint has been filed with the court, it has to be [[Service of process|properly served]] to the opposite parties, but usually petitioners are not allowed to serve the complaint personally.<ref name="rule4">{{Cite web|url=https://www.federalrulesofcivilprocedure.org/frcp/title-ii/rule-4-summons/|title=Rule 4 - Summons|website=2019 Federal Rules of Civil Procedure|access-date=November 21, 2019}}</ref> The court also can issue a [[summons]] – an official summary document which the plaintiff needs to have served together with the complaint. The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer 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 (law)|party]] may serve a [[summons]] and complaint in a civil case.<ref name="rule4" /> The defendant must submit an [[Answer (law)|answer]] within 21 days after being served with the summons and complaint, or request a [[waiver]], according to [[Federal Rules of Civil Procedure|FRCP]] Rule 12.<ref>{{Cite web|url=https://www.federalrulesofcivilprocedure.org/frcp/title-iii-pleadings-and-motions/rule-12-defenses-and-objections-when-and-how-presented-motion-for-judgment-on-the-pleadings-consolidating-motions-waiving-defenses-pretrial-hearing/|title=Rule 12. Defenses and Objections; Judgment on the Pleadings ... &#124; FRCP|website=2019 Federal Rules of Civil Procedure|access-date=November 21, 2019}}</ref> After the civil complaint has been served to the defendants, the [[plaintiff]] must, as soon as practicable [[Initial Conference (Law)|initiate a conference]] between the parties to plan for the rest of the [[Discovery (law)|discovery process]] and then the parties should submit a proposed [[Initial Conference (Law)#Discovery Plan|discovery plan]] to the judge within 14 days after the conference.<ref name="rule26">{{Cite web|url=https://www.federalrulesofcivilprocedure.org/frcp/title-v-disclosures-and-discovery/rule-26-duty-to-disclose-general-provisions-governing-discovery/|title=FRCP 26. Duty to Disclose; General Provisions Governing Discovery|website=2019 Federal Rules of Civil Procedure|access-date=November 21, 2019}}</ref>

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 [[lawyer]]s representing the [[Party (law)|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 engine]]s 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. [[Google Scholar]] is the biggest database of full text state and federal courts decisions that can be accessed without charge.<ref>{{Cite web|url=http://dlib.org/dlib/september05/bauer/09bauer.html|title=An Examination of Citation Counts in a New Scholarly Communication Environment|website=dlib.org|access-date=November 21, 2019}}</ref> These web search engines often allow one to select specific state courts to search.<ref name="goog_sch">{{cite web|url=https://scholar.google.com/advanced_scholar_search|archive-url=https://web.archive.org/web/20041229000937/http://scholar.google.com/advanced_scholar_search|url-status=dead|archive-date=2004-12-29|title=Google Scholar}}</ref>

Federal courts created the [[PACER (law)|Public Access to Court Electronic Records (PACER)]] system to obtain case and [[Docket (court)|docket]] information from the [[United States district court]]s, [[United States court of appeals|United States courts of appeals]], and [[United States bankruptcy court]]s.<ref name="pacer" /> 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.<ref name="pacer">{{Cite web|url=https://www.pacer.gov/|title=Public Access to Court Electronic Records|website=www.pacer.gov|access-date=November 21, 2019}}</ref>

=== Filing and privacy ===
[[File:Complaint andr cryovac.jpg|thumb|200px|left|Example page from Complaint in ''[[Anderson v. Cryovac]]'' landmark case.<ref>{{Cite web|url=https://serc.carleton.edu/woburn/resources/trial_documents.html|title=Trial Documents|website=Resource Collections|access-date=November 21, 2019}}</ref>]]
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.<ref>{{cite web|url=http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/LocalCourtRules.aspx|archive-url=https://web.archive.org/web/20100522042618/http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/LocalCourtRules.aspx|url-status=dead|archive-date=2010-05-22|title=LOCAL COURT RULES}}</ref> 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 a motion petition with a response, specify if a judge needs an additional copy of the documents (called "judge's copy"), etc.<ref name="indiana" /><ref name="Oklahoma" /> Local Rules can define page layout elements like: [[Margin (typography)|margins]], text [[font|font/size]], distance between lines, mandatory footer text, [[Pagination|page numbering]], and provide directions on how the pages need to be bound together – i.e. acceptable [[Staple (fastener)|fastener]]s, number and location of [[Hole punch|fastening holes]], etc.<ref name="indiana">{{cite web|url=http://www.insd.uscourts.gov/publications/localrules.pdf|archive-url=https://web.archive.org/web/20060923111128/http://www.insd.uscourts.gov/Publications/LocalRules.pdf|url-status=dead|archive-date=2006-09-23|title= Local Rules of U.S. District Court, District of Indiana}}</ref><ref name="Oklahoma">{{cite web|url=http://www.oknd.uscourts.gov/legal/generalo.nsf/0A0713F3B13A3660862570360013F310/$file/civil%20local%20rules.pdf|archive-url=https://web.archive.org/web/20091229074609/http://www.oknd.uscourts.gov/legal/generalo.nsf/0A0713F3B13A3660862570360013F310/%24file/civil%20local%20rules.pdf|url-status=dead|archive-date=2009-12-29|title=Local Rules of U.S. District Court, District of Oklahoma}}</ref><ref name="oregon">{{cite web|url= http://ord.uscourts.gov/local-rules-of-civil-procedure/lr-10-form-of-pleadings-and-other-documents |archive-url= https://web.archive.org/web/20100527104338/http://www.ord.uscourts.gov/local-rules-of-civil-procedure/lr-10-form-of-pleadings-and-other-documents |url-status= dead |archive-date= 2010-05-27 |title=Local Rules of U.S. District Court, District of Oregon}}</ref> If the filed motion does not comply with the Local Rules then the judge can choose to [[Motion to strike (court of law)|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) {{frcp|5.2}}, sensitive text like [[Social Security number]], [[Taxpayer Identification Number]], [[birthday]], bank accounts and [[Minor (law)|children]]'s names, should be [[Sanitization (classified information)|redacted]] from the filings made with the court and accompanying exhibits,<ref name=frcp5>{{Cite web|url=https://www.federalrulesofcivilprocedure.org/frcp/title-ii/rule-5-2-privacy-protection-for-filings-made-with-the-court/|title=Rule 5.2 - Privacy Protection for Filings Made with the Court|website=2019 Federal Rules of Civil Procedure|access-date=November 21, 2019}}</ref> (exhibits normally do not need to be attached to the original complaint, but should be presented to Court after the [[Discovery (law)|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 [[Rubber stamp|stamping]] word "redacted" on the bottom. Alternately, the filing party may ask the court's permission to file some exhibits completely [[Under seal (Law)|under seal]]. A [[Minor (law)|minor]]'s name of the petitions should be replaced with [[initials]].<ref name=frcp5 />

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.<ref name=frcp5 /> Copies of both redacted and unredacted documents filed with court should be provided to the other [[Party (law)|parties in the case]]. Some courts also require that an additional electronic courtesy copy be emailed to the other parties.<ref name="oregon" />

=== Attorney fees ===
Before filing the complaint, it is important for plaintiff(s) 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 purposes of harassment, even when the case was voluntarily dismissed.<ref>{{Cite web|url=https://www.federalrulesofcivilprocedure.org/frcp/title-vii-judgment/rule-54-judgment-costs/|title=Rule 54 - Judgment; Costs|website=2019 Federal Rules of Civil Procedure|access-date=November 21, 2019}}</ref><ref name="crs">{{cite web|url=http://www.fas.org/sgp/crs/misc/94-970.pdf |archive-url=https://web.archive.org/web/20060426172930/http://www.fas.org/sgp/crs/misc/94-970.pdf |archive-date=2006-04-26 |url-status=live|title=Awards of Attorneys' Fees by Federal Courts and Federal Agencies|author=CRS}}</ref> In the case of ''Fox v. Vice'', the 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."<ref name="fox">{{Cite web|url=https://scholar.google.com/scholar_case?case=4612481658703000905&hl=en&as_sdt=2&as_vis=1&oi=scholarr|title=Fox v. Vice, 131 S. Ct. 2205 - Supreme Court 2011 - Google Scholar|access-date=November 21, 2019}}</ref><ref>{{Cite web|url=http://www.aele.org/law/2011all05/2011-05MLJ101.pdf |archive-url=https://web.archive.org/web/20110919122501/http://www.aele.org/law/2011all05/2011-05MLJ101.pdf |archive-date=2011-09-19 |url-status=live|title=Attorneys' Fees in Federal Civil Rights Lawsuits|access-date=November 21, 2019}}</ref> 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 [[Federal Rules of Civil Procedure|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.<ref>{{Cite web|url=https://www.federalrulesofcivilprocedure.org/frcp/title-iii-pleadings-and-motions/rule-11-signing-pleadings-motions-and-other-papers-representations-to-the-court-sanctions/|title=Rule 11 - Signing Pleadings, Motions, and Other Papers; ... &#124; 2019 FRCP|website=2019 Federal Rules of Civil Procedure|access-date=November 21, 2019}}</ref> The losing party has a right to appeal any order for sanctions in the higher court.<ref name="SCD" /> In the state courts, each party is generally responsible only for its own attorney fees, with certain exceptions.<ref name="crs" />