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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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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 ?
[7] Elevated white blood cell counts are strongly associated with the formation of carotid atherosclerotic plaques.
* White blood cell count: [greater than or equal to] 9 000/[micro]l [AUC: 0.98, 95% CI: 0.96-1.00, SE: 0.01, p = [less than or equal to] 0.000, sensitivity: 94% (68/72), specificity: 95% (19/20), PPV: 99% (68/69), NPV: 83% (19/23), accuracy: 95% (87/92)].
The white blood cell count may be normal, low or elevated, with a few patients presenting with high white blood cell counts of more than 100 000 cells/[mu]l (20%).
The decreases in red blood cell count, white blood cell count and platelet count, along with the megaloblasic cells, also fit the pattern of a vitamin B12 deficiency, as did the strawberry red tongue.
A high total white blood cell count is a marker of inflammatory activity, and is recognised as a strong risk factor for coronary heart disease.
You will do a focused assessment directed at the most common complication which is infection; assess the patient's white blood cell count and his temperature, and not just for specific elevations, but also for trends.
Neupogen is an FDA-approved product to treat neutropenia, or low white blood cell count. It recorded sales of roughly $1 billion in 2007.
In the study, researchers analyzed the most telltale signs of appendicitis: "rebound" tenderness or pain that occurs after pressure is removed abruptly from the lower right part of the abdomen; abdominal pain that starts around the belly button and migrates down and to the right; and an elevated white blood cell count, which is a marker of infection in the body.
She was diagnosed with chorioamnionitis because her temperature, white blood cell count, and band count were elevated.
Mother Yvette had claimed her daughter had been "treated differently" and that after having her discharge postponed because of a low white blood cell count, she found staying on the ward intolerable.
Nutrition is a critically important factor in the treatment of cancer and such after affects as neutropenia (low white blood cell count), diarrhea, constipation, sore mouth or throat, loss of appetite, etc.
Moderate levels of exercise have repeatedly been shown to increase white blood cell count. Children above all others can benefit from this improved immunity.