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Count

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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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.

count

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)

count

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

count

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 ?
Because of the time problems in getting the ballots counted, the City Council said earlier in the week it wanted a full review of the InkaVote system and how the City Clerk's Office handled the election.
The average Canadian rig count for November 2016 was 173, up 17 from the 156 counted in October 2016 and down five from the 178 counted in November 2015.
Gene Browning, assistant registrar of voters in Ventura County, said 132,785 absentee ballots were issued for the election and, as of Wednesday, about 84,000 remained to be counted, including 25,000 that were dropped off at polling places on Tuesday.
The worldwide rig count for March 2002 was 1,808, down 166 from the 1,974 counted in February 2002 and down 523 from the 2,331 counted in March 2001.
The average Canadian rig count was 141 for September 2016, a high of 12 from the 129 counted in August 2016 and decline of 42 from the 183 counted in September 2015.
Last year, the birders counted some 22,000 birds, ranging from one golden eagle and one tundra swan - an unusual species for the Mojave Desert - to five black-crowned night herons, 880 common ravens, 1,562 horned larks and 3,311 northern shovelers, a type of duck.
The worldwide rig count for February 2002 was 1,974 down 42 from the 2,016 counted in January 2002 and down 456 from the 2,430 counted in February 2001.
For June 2016 , the average Canadian rig count was 94, an increase of 31 from the 63 counted in June 2016 and down 89 from the 183 counted in July 2015.
rig count for January 2002 was 867 down 34 from the 901 counted in December 2001 and down 251 from the 1,118 counted in January 2001.
In the US, the average rig count for June 2016 was 417, a rise of nine from the 408 counted in May 2016 and dropped by 444 from the 861 counted in June 2015.
The absentee ballots are ones that were dropped off at polling places or that arrived in the mail at the Registrar's Office on Election Day but were not counted that night.
The US rig count for December 2001 was 901 down 99 from the 1,000 counted in November 2001 and down 196 from the 1,097 counted in December 2000.