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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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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 classic literature ?
The count flew to her to help, and as she appeared to be oppressed by her clothes, he ripped them open with his poinard, and in so doing laid bare her shoulder.
Mistrust Porthos, especially, who, to please the count whom he regards as God on earth, will assist him in contriving Mazarin's escape, if Mazarin has the wit to weep or play the chivalric.
Suddenly, the Count too disappeared, even as the Prince had done, and that same evening Mlle.
Thirty-six years old as he was, he had a handsome stretch of life before him yet, and he need not begin to count his weeks.
Wilson's assistant counts for a good deal in this mystery of the Red-headed League.
Anyhow," said Usher, "Last-Trick Todd counts for a great deal in this rum affair.
But she would not leave him alone, and urged him saying, 'If you will not eat anything, at least you might take a draught of wine; one drink counts for nothing,' and at last he allowed himself to be persuaded, and drank.
If it be that I had not dreamt, the Count must have carried me here.
Gentlemen," said the Count of Monte Cristo as he entered, "I pray you excuse me for suffering my visit to be anticipated; but I feared to disturb you by presenting myself earlier at your apartments; besides, you sent me word that you would come to me, and I have held myself at your disposal.
She glanced over her shoulder, as though fearful of being overheard, and then, drawing her chair nearer, and raising a tiny ivory fan to her lips, breathed behind it: "By the Count himself--my poor, mad, foolish Olenski; who asks only to take her back on her own terms.
They've been saying so a long while," said the count, "and they'll say so again and again, and that will be the end of it.
and the count bent his eyes in various directions in quest of the object of her admiration.