OK – we’ve told you how a complaint is organized and listed the different things that should be included. Now it’s time to talk about those things in a little more detail.
Let’s talk about the jurisdictional statements.
These must be included because it a nutshell, a plaintiff is required to allege (as in that’s what you put in the complaint) ALL of the necessary elements of their case.
And while you of course have to set forth the facts that entitle you to the relief you’re looking for, before that, you have to talk about why you’re in that particular court – that is why the court you have brought your action in is the proper court. You also have to explain why you and the defendant are properly before the court.
Those are indispensable things and they must appear in the complaint.
In our post about jurisdiction we talked about both subject matter jurisdiction as well as in personam (personal jurisdiction). The complaint must include statements regarding both.
Subject Matter Jurisdiction
To know what needs to be in your complaint on this issue, you need to consult the rules of the court that you’re in. The requirements can vary a lot.
In some courts you can just include a simple statement saying that “this court has jurisdiction of the subject matter”. You would most likely use such a statement in a court of general jurisdiction – that is a court that can entertain all kinds of cases. Since their jurisdiction is broad, a lot of detail is unnecessary.
On the other hand, if you are in a court that limits the kinds of cases that can be brought, such as federal district courts, you must go into much more detail You would have to explain the specific basis by which the court is empowered to handle your case.
Personal Jurisdiction
This is the other part of the jurisdiction set. Even if the court has subject matter jurisdiction you must still include statements that explain how the court has jurisdiction over the parties, especially the defendant. To illustrate, a possibly silly example might be helpful. Assume you are a Florida resident. You went to Boston for a conference. John Doe who lives in Boston rear ends you when you’re stopped at a traffic light. You come back to Florida and decide to sue John for messing up your car and for you sudden neck pain.
It should be obvious, even on a common sense level, that you can’t sue John in Florida. He doesn’t live there. Maybe he’s never even been there. He doesn’t work there. He doesnt own property there. In short, he has nothing whatsoever to do with Florida. A Florida court is not going to be able to handle a lawsuit against John.
To address that issue, your complaint must include a statement or statements explaining the basis upon which the court can exercise jurisdiction.
It can be because the defendant resides within the jurisdiction of the court. It an be because they operate a business there, It can be because the conduct which gave rise to the lawsuit in the first place occurred there. There are many different ways for a court to acquire jurisdiction over a party, but they must be set forth in the complaint.