In a civil lawsuit, the complaint is the document that begins the case. It is the first pleading filed by the party bringing the lawsuit. This guide explains what a complaint is under Georgia law, what it must contain, how filing a complaint commences an action, and how the complaint fits into the early stages of a civil case.
What a Complaint Is
A complaint is the written pleading in which a plaintiff sets out the claims being made against a defendant and the relief being sought. It identifies the parties, describes the facts giving rise to the dispute, states the legal claims, and asks the court for a remedy. The defendant responds to the complaint with a pleading called an answer.
Georgia civil practice in the superior courts and state courts is governed by the Civil Practice Act, codified beginning at O.C.G.A. Section 9-11-1. The Civil Practice Act sets out the rules for pleadings, including the complaint.
How a Complaint Commences an Action
Under O.C.G.A. Section 9-11-3, a civil action is commenced by filing a complaint with the court. The act of filing the complaint is what begins the lawsuit. The statute also provides that, at the time of filing in superior court or state court, the plaintiff files the appropriate civil case filing form with the clerk. The civil case filing form is a standardized document containing case information, prescribed by the Judicial Council of Georgia.
The moment of filing matters for the statute of limitations. A claim is generally regarded as brought when the complaint is filed within the limitations period, subject to rules about service of process on the defendant.
What a Complaint Must Contain
Georgia follows a system often called notice pleading. The requirements for a complaint are set out in O.C.G.A. Section 9-11-8, which addresses general rules of pleading.
Under O.C.G.A. Section 9-11-8, a pleading that sets forth a claim for relief must contain a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader deems himself entitled. The statute also provides that no technical forms of pleading are required.
The standard of a short and plain statement is generally understood to be satisfied when the complaint gives the defendant fair notice of what the claim is and the grounds on which it rests, in terms clear enough to allow the defendant to prepare a responsive pleading. Georgia notice pleading does not require the plaintiff to set out every fact or every legal theory in detail in the complaint.
Certain matters carry heightened pleading requirements under the Civil Practice Act. For example, the Act addresses how matters such as fraud and certain special damages are to be pleaded with more particularity. Some types of cases also have specific statutory requirements, such as the affidavit requirement in certain professional malpractice actions.
Pleadings are also subject to the signing requirements of the Civil Practice Act. O.C.G.A. Section 9-11-11 addresses the signing of pleadings and the circumstances in which verification is required.
Relief Requested in a Complaint
The demand for judgment, sometimes called the prayer for relief, states what the plaintiff asks the court to do. In a civil case this may include money damages, equitable relief such as an injunction, or other remedies the law allows. The Civil Practice Act addresses what relief a court may grant, and a court generally may grant the relief to which a party is entitled even if the party has not demanded that exact relief in the pleadings, with some limits in default situations.
After the Complaint Is Filed
Once a complaint is filed, the defendant must be served with the complaint and a summons according to the service rules in the Civil Practice Act. After service, the defendant has a period of time to file an answer responding to the allegations and raising any defenses.
The Civil Practice Act allows certain defenses and objections to be raised by motion, addressed in O.C.G.A. Section 9-11-12. These can include challenges such as lack of jurisdiction, insufficient service, and failure to state a claim upon which relief can be granted. A complaint can also be amended under the rules governing amended pleadings. The complaint, the answer, and any additional pleadings together frame the issues that the case will address through discovery and, if it is not resolved earlier, at trial.
Key Points
A complaint is the pleading that begins a civil lawsuit, setting out the plaintiff’s claims and requested relief. Under O.C.G.A. Section 9-11-3, a civil action is commenced by filing the complaint, and in superior or state court a civil case filing form is filed with it. O.C.G.A. Section 9-11-8 requires a complaint to contain a short and plain statement of the claim showing entitlement to relief and a demand for judgment, reflecting Georgia’s notice pleading system, with no technical forms required. Certain matters such as fraud must be pleaded with greater particularity, and pleadings are subject to the signing rules of O.C.G.A. Section 9-11-11. After filing, the defendant is served and responds by answer or by motion under O.C.G.A. Section 9-11-12, and the pleadings together frame the issues for the rest of the case.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.