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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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

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 ?
The changes we observed in the complete blood count values were a statistically significant increase in MCH and a significant decrease in WBC counts, absolute lymphocyte counts, and MPV.
Table-I: Comparison of basal demographic characteristics and complete blood count parameters between control and abortion groups.
Figure 1 shows the effect of AlCl3 on complete blood count, whereas Figure 2 shows serum biochemistry of male albino mice.
Al-Hadhrami et al., "The pneumatic tube system does not affect complete blood count results; a validation study at a tertiary care hospital," International Journal of Laboratory Hematology, vol.
We analyzed 502 records that corresponded to all the medical records of children from 6 months to 5 years of age hospitalized at the HUSI who underwent a complete blood count in 2015.
These analyses were divided into complete blood count (6 variables), plasma biochemistry (5 variables), plasma ions (3 variables), thrombogram and white blood cell count (10 variables) and physicochemical properties of the water (10 variables).
The anticoagulants found in complete blood count tubes may lead to deformations in platelets.
Blood was collected and sent for a complete blood count with differential (Table 1).
RDW as a part of Complete Blood Count (CBC) is tested in all patients in sepsis.
In this age of high-tech diagnostic tools like digital X-rays and color Doppler ultrasound, one humble test--the complete blood count (CBC)--remains at the forefront.
Results of a complete blood count and serum biochemical analysis and measured Af-acetyl-[beta]-d-glucosaminidase activity and whole blood clotting time were evaluated before, during, and after completion of treatments.

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