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In Common-Law Pleading or Code Pleading, the initial statements made by a plaintiff that set forth a Cause of Action to commence a civil lawsuit; the different points of a plaintiff's declaration, each of which constitute a basis for relief. In Criminal 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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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.


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)


noun accusation, allegation, assertion, case for the prosecution, charge, citation, claim, comes, condemnation, countercharge, crimination, delation, denunciation, distinct statement, imputation, inculpation, indictment, item, item in the indictment, main charge, particular charge, statement of a cause of action
Associated concepts: count in an accusatory instrument, ommibus count
See also: accusation, amount, appraise, assess, calculate, canvass, census, charge, complaint, computation, enumerate, item, itemize, poll, quantity, sum, surmise, survey


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.

References in periodicals archive ?
De Graaf has caught the eye since his arrival from NEC Breda and added: "We are a good team.
De Graaf has stated that they are also in view of exporting beef to China.
And the pounds 2million deal will mean he'll bring his gorgeous pop star wife Magdalena Graaf to Parkhead.
Dutchman Edwin de Graaf replied with a blocked shot for Hibs but a tight contest soon developed as both sides struggled to create openings.
Hibs looked the more dangerous and de Graaf squandered a good chance to break the deadlock.
And De Graaf was handed a golden opportunity to break the deadlock when he found himself free six yards out with just Maribor keeper Marko Pridigar to beat.
It delivered the level of immersion we needed for successful treatments," said Ken Graaf, chief executive officer, Virtually Better.
But to the fury of Fortuyn's supporters, Volkert van der Graaf, 33, escaped a life sentence.
John de Graaf, a Seattle man who directed the PBS documentary "Affluenza," couldn't believe it.
Kees van der Graaf, currently president of the European ice cream and frozen foods division will move into Cescau's job.
Commando Kees de Ruiter also married a Welsh girl at St John's Church,and their daughter,Geraldine de Graaf de Ruiter, who was born in Tremadog, will lead the party from Holland at the service.
Prosecutors speculate that Van der Graaf may have been angered over reported statements by Fortuyn saying that if elected, he would work to lift a ban on breeding animals such as mink for fur.