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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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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 classic literature ?
"The folk in the out beyond do not know how to cure heads," old Ngurn explained, as he drew forth from the filthy matting and placed in Bassett's hands an indubitable white man's head.
First, Jemmy Tweedle felt on his hinder head the direful bone.
"Tell the white man there's pearl shell in some lagoon infested by ten-thousand howling cannibals, and he'll head there all by his lonely, with half a dozen kanaka divers and a tin alarm clock for chronometer, all packed like sardines on a commodious, five-ton ketch.
The heads and bodies, however, were similar, even identical, she thought.
Of course the thirty heads were in great variety, no two formed alike but all being of exceeding loveliness.
The boy who had knocked him on the head with the paddle, tied his legs securely and tossed him out on the beach ere he forgot him in the excitement of looting the Arangi.
The Chief's false head had blue hair, a turned-up nose, and a mouth that stretched half across the face.
Then a head showed itself over the rock and the same voice said, "This hill belongs to us, and we don't allow anyone to cross it."
York came to me first, while the groom stood at Ginger's head. He drew my head back and fixed the rein so tight that it was almost intolerable; then he went to Ginger, who was impatiently jerking her head up and down against the bit, as was her way now.
`Their heads are gone, if it please your Majesty!' the soldiers shouted in reply.
Into it they went, in the obscure light stumbling across the sleeping-logs of the village bachelors and knocking their heads against strings of weird votive- offerings, dried and shrivelled, that hung from the roof-beams.
The Woggle-Bug had taken from its position over the mantle-piece in the great hallway the head of a Gump, which was adorned with wide-spreading antlers; and this, with great care and greater difficulty, the insect had carried up the stairs to the roof.