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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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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 ?
c) (currently not performed frequently): The absolute neutrophil count is measured at the 3rd, 6th, 12th and 24th hours.
11% respectively while the absolute neutrophil count has sensitivity and NPV less than platelets count but its specificity and PPV is higher than the platelet count.
Our study confirmed that age, plasma LD concentration on admission, and absolute neutrophil count were independent predictors of adverse outcome.
Immunosuppressed patients are at high risk for developing sepsis when the absolute neutrophil count (ANC) falls below: a.
We look forward to determining whether the intriguing increases in absolute neutrophil count and bioavailability seen in the Phase I studies will continue to be evident in patients receiving chemotherapy in Phase II," said George J.
In addition to blood culture, other tests that are used for the diagnosis of neonatal sepsis including estimations of the white blood count (WBC), absolute neutrophil count (ANC), micro-ESR and the immature/total neutrophil (I/T) ratio do not have a high sensitivity and specificity in diagnosing neonatal sepsis.
Versacloz because of the risk of agranulocytosis with clozapine therapy will be available only through a restricted program called the Versacloz Patient Registry, which make sure suitable monitoring of white blood cell and absolute neutrophil count prior to delivery of the next refill of medication.
All subjects were being followed up as CSA and the diagnosis was made with severe bacterial infections which started in the early period and with an absolute neutrophil count below 500/[mm.
The diagnosis of ELANE-related neutropenia relies primarily on serial measurements of the absolute neutrophil count (ANC) and clinical findings; in this case which were pharyngitis, aphthous ulcers and a mean ANC count of 0.
e hemoglobin less than 10g/dl, absolute neutrophil count less than 1.
It has been suggested that the total white blood cell count and absolute neutrophil count should be monitored because these parameters yield more reproducible results.
In particular, the use of the absolute neutrophil count (ANC) has been proposed as a superior marker of serious bacterial infection.