count

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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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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 ?
In this study, reticulocyte count was significantly lower in iron-deficient group than that in noniron-deficient group (P < 0.
The reference staining method for the manual reticulocyte count uses a dye such as new methylene blue and supravital staining (2).
Despite a positive direct antiglobin test there was no evidence of autoimmune-mediated haemolysis, with normal bilirubin, haptoglobin and low reticulocyte counts (3.
Additional lab data included platelet count 200X109/L, reticulocyte count 0.
We took into account the change in mental status, [the] elevated reticulocyte count, and the increased uric acid.
The utilisation of individual procedures varied between laboratories with large differences in the performance of common tests such as erythrocyte sedimentation rate, reticulocyte count, protein electrophoresis and creatinine.
With differing RHuEPO dosing regimens, the study showed a consistent rise in absolute reticulocyte count within four to five days and increased haemoglobin and haematocrit within seven days with a peak at 14 days.
You know a patient with sickle cell anemia is "drug seeking" when the location of pain changes sites and the reticulocyte count is low.
The reticulocyte count may assist in differentiating a hyporegenerative or arregenerative anemia from one due to RBC destruction (Irwin & Kirchner, 2001; Lesperance et al.
In severely anemic patients, he recommends getting a reticulocyte count 3-4 days after surgery "to see that there is a rise in reticulocyte count and calm down everyone around you.