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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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


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.


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 ?
Torres et al., "Evaluating total lymphocyte counts as a substitute for CD4 counts in the follow up of AIDS patients," Brazilian Journal of Infectious Diseases, vol.
Bhosale et al., "Low sensitivity of total lymphocyte count as a surrogate marker to identify antepartum and postpartum Indian women who require antiretroviral therapy," Journal of Acquired Immune Deficiency Syndromes, vol.
To study the correlation of Total Lymphocyte Count, Body Mass Index, Haemoglobin and Albumin levels with disease progression in HIV.
Sensitivity and specificity of various Total lymphocyte count cut-off were computed for CD 4 count < 200 cells/[micro]l and < 350 cells/[micro]l.
Characteristics of HIV-infected adults admitted to medicine ward at Sassoon General Hospital (from January 2002-November 2003) Characteristic (N=655) HIV-infected adults Mean age, yr [+ or -] SD 35.2 [+ or -] 9.0 Range, yr 18-80 Male sex, n (%) 489 (74.7) Mean income, Rupees/month [+ or -] SD (N=390) 439 [+ or -] 149.0 Religion, n (%) Hindu 514 (78.5) Muslim 21 (3.2) Christian 5 (0.76) Unknown 115 (17.6) Median haemoglobin, g/dl ([+ or -] SD) (N=346) 9.72 (2.9-15.5) Mean total lymphocyte count, cells/[mm.sup.3] [+ or -] SD (N--132) 2316 [+ or -] 756.6 Median CD4 count, cells/[mm.sup.3] (range) (N=27) 66(4-446) Reported ART, n (%) 4(0.6) ART, antiretroviral therapy Mean values reported when data were normally distributed otherwise median values reported Table II.
[5] Furthermore, it is recommended that if [CD4.sup.+] counts are not available, total lymphocyte counts, performed as part of the differential count on routine haematology analysers [5,10] may be seen as a surrogate marker of immune function.
There were no significant changes in total lymphocyte counts or percentages of lymphocytes during period of time in both groups.
Infants with this type of SCIDS have the lowest total lymphocyte counts of all, and the T-, Band NK-lymphocyte counts are all very low.

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