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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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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 ?
Safeguarding our independence is our shared duty and like Filipino heroes of the past, we are counted upon to guard and defend our freedom and soverreignity.
The SKUs in this program are so varied that products must constantly be dimensioned and counted upon receipt.
"Unfortunately, President Trump demonstrated in Helsinki and elsewhere that he simply cannot be counted upon to stand up to (Russian President Vladimir) Putin when it matters," said Warner, who is sponsoring the bill.
Treble for Channon Deteriorating ground can be counted upon to make those buying distances on the spreads sit up and take notice, and they were on good terms with themselves when the Mick Channon-trained Two Blondeemerged from the mist fivlengths clear in the openinmaiden.
They are counted upon to challenge federalism myths and empower citizens in genuine deliberation.
'During this time when typhoons and flooding are forecast in many parts of the country, NFA employees can be counted upon to man our offices and warehouses in order to assure our countrymen of available rice at any given time,' Aquino said in a statement.
Chairman of Union of Arab Banks Sheikh Mohammad Al-Jarrah Al-Sabah during the conference CAIRO, April 30 (KUNA) -- Sophisticated financial technologies need to be counted upon to overhaul the Arab banking sector and boost its competitive edge, top Arab banker implored.
Elaborating upon Pakistan's contributions to ensure global peace and security, he counted upon successes achieved by Pakistan, its Armed Forces, Law Enforcement Agencies and people.
Elaborating upon Pakistan's contributions to ensure global peace and security, he counted upon the successes achieved by Pakistan, its Armed Forces, Law Enforcement Agencies and people.
Elaborating upon Pakistan's contributions to ensure global peace and security, he counted upon the successes achieved by its Armed Forces, Law Enforcement Agencies and people against terrorism.
Luv U Whatever had built up a commanding lead under Barry McHugh, but the rider had not counted upon the two dynamic invaders, who gamely galloped across the all-weather circuit and into adjacent woodland.