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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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

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 ?
"Absolute neutrophil count continues to be the best laboratory predictor of occult bacteremia and occult bacterial infection in children," they said.
Caption: Figure 4: Scatter plot to show correlation (correlation coefficient rho 0.871) between absolute neutrophil counts in newborns on day three and five.
Diagnosis of SBP was confirmed if absolute neutrophil count in ascitic fluid was more than 250/mm.3 Only patients confirmed to have SBP on ascitic fluid analysis at admission were included.
At baseline, the PCT and CRP levels, apart from leukocyte and absolute neutrophil counts (ANCs), were significantly higher in the infective (CAP and COPD exacerbation) patients than in healthy individuals (Table 2).
On differential count, there is significant rise in absolute neutrophil count (P < 0.005), significant fall in absolute lymphocyte count (P < 0.005), and rise in eosinophil and basophil count which is not statistically significant, not much difference in monocyte count in both groups, associated poikilocytosis and anisocytosis of red blood cells in anemic subjects, and N/L ratio is significantly higher in the anemics (P < 0.001).
Drug-induced agranulocytosis has been defined as an absolute neutrophil count of <500/[micro]L, and it is a major fatal side effect of ATD if unrecognized and not treated on time.
Her complete blood count revealed a hemoglobin of 8.1 g/dL with MCV of 106.8 fL consistent with macrocytic anemia, platelet count of 73 x [10.sup.3]/[micro]L, WBC count of 4.0 x [10.sup.3]/[micro]L with absolute neutrophil count of 500, sodium 147mEq/L, potassium 6.0mEq/L, bicarbonate 14 mEq/L, creatinine 7.75 mg/dL, BUN 125 mg/dL, eGFR 5 ml/min/1.73 [m.sup.2], ALT 30U/L, AST 26U/L, alkaline phosphatase 56U/L, digoxin level of 1.3ng/mL, and methotrexate level of 0.27 [micro]mol/L.
Caption: Figure 2: Absolute neutrophil count and total white blood cell count of the patient during treatment with G-CSF and antibiotics.
Absolute neutrophil count at that time was 1550 neutrophils/[mm.sup.3], down from 3090 neutrophils/[mm.sup.3] at outpatient clinic appointment 2 weeks prior.
The white blood cell (WBC) count is regarded a well-defined inflammatory indicator and/or stress indicator, whereas the neutrophillymphocyte ratio (NLR), which is calculated through the division of absolute neutrophil count by absolute lymphocyte count, is asserted to be a new indicator of the inflammatory response.
An axillary body temperature measured once above 38[degree]C or continuance of the axillary body temperature above 37.5[degree]C for longer than one hour in patients who had an absolute neutrophil count (ANC) of <500/[mm.sup.3] or who were expected to have an ANC below 500-1000/[mm.sup.3] in 48 hours was considered as ahving febrile neutropenia (FEN) (9, 10).
[16,17] Neutropenia was defined according to the Common Toxicity Criteria of the National Cancer Institute as a disorder characterised by an absolute neutrophil count (ANC) of <2 x [10.sup.9]/L.