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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

count

a paragraph in an indictment containing a distinct and separate charge.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
If there is confidence in the platelet count values at low levels, it is possible to reduce thrombocyte transfusions to those that are clinically necessary.
[6] and Stevens and Alexander [7] showed decreased platelet count in menopause.
Adverse factors responsible for below-normal platelet count after laparoscopic splenectomy and azygoportal disconnection.
Platelet transfusion: There is no fixed platelet count threshold in ICU patients that signals platelet transfusion,32 but because of hemorrhage fear there is a widespread notion that the platelet count should be maintained over 100x109/L in massive bleeding or when bleeding occurs at dangerous sites such as in intracranial hemorrhage.33
However, the study--published in the New England Journal of Medicine --also found that women with pregnancy-related complications were more likely to have platelet counts less than 150,000/[mm.sup.3], even in the absence of known causes of thrombocytopenia.
"Mean platelet counts decreased during pregnancy in all the women, beginning in the first trimester," the authors write.
For both dose levels of Doptelet, a higher proportion of patients had increased platelet counts and did not require platelet transfusion or any rescue therapy on the day of the procedure and up to seven days following the procedure as compared to those treated with placebo under the trial, concluded the company.
In the light of these studies and due to common aetiology between ED and cardiovascular diseases, we investigated the relation between vascular ED and MPV and platelet count. Platelets are one of the main causes of vascular endothelial dysfunction, so that platelet activation might be associated with vasculogenic ED.
Next day, the child's platelet count went up to normal level and was immediately healed.
The preoperative platelet count was measured on the day of surgery and thrombocytopenia was defined as a platelet count <150 x [10.sup.9]/L.
Even after the platelet count elevated up to 10.0 x [10.sup.4]/[micro]L after platelet transfusion of 10 units (200 mL) including more than 2.0 x [10.sup.11] numbers, blood sampling after 1 day showed that the platelet count dropped to 1.0 x [10.sup.4]/[micro]L.
In patients undergoing surgery for gastric cancer, a combination of platelet count and neutrophil to lymphocyte ratio (NLR) collected preoperatively was shown to correlate with postoperative survival [16].

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