Complaint
(MD)

Summary

This template is a complaint you may use to commence a civil case in Maryland circuit court. The specific content of your complaint will of course depend on the facts of your case and the causes of action and theories of recovery alleged. This template includes practical guidance, drafting notes, and alternate and optional clauses. Claims for relief must contain a "clear statement of the facts necessary to constitute a cause of action and a demand for judgment for the relief sought." See Md. Rule 2-305. Bald allegations without factual support are insufficient to support a claim. Bobo v. State, 346 Md. 706, 708–09 (1997). See also Cont'l Masonry Co. v. Verdel Const. Co., 279 Md. 476, 481 (1977) ("[S]keletal factual allegations accompanied by nothing more than mere conclusions and general averments of a breach of a contractual duty do not suffice"). When raising multiple causes of action in one complaint, you must state each cause of action separately in independent counts. See Md. Rule 2-303(a); see also Tavakoli-Nouri v. State, 139 Md. App. 716 (2001) (failure to require with this requirement renders the complaint deficient.). You may bring as many claims as you wish against a defendant, and the counts need not be consistent with one another—they may be contradictory or pled in the alternative. See Md. Rule 2-303(c). If claims are contradictory, such as with breach of contract and unjust enrichment, be sure not to incorporate inconsistent allegations from one count into another (e.g., incorporating allegations of the existence of a contract into an unjust enrichment count). In drafting the complaint, remember that this document frames the legal and factual issues that govern discovery, pretrial motions, and the elements you must prove at trial. Moreover, the complaint provides the first opportunity to introduce the plaintiff's claims to the court and opposing parties. Therefore, the complaint should not only be clear, accurate, and legally and technically sufficient, but it should also tell the plaintiff's story in a compelling way and justify the plaintiff's claims. Note the District Court of Maryland has a strong preference for the use of its forms, available online here. Many practitioners choose to use the District Court form for their complaint as a formality and attach and adopt their own complaint on the court form. For a more information on commencing an action in Maryland, see Commencing a Lawsuit: Drafting the Complaint (MD). Responding to the complaint. For your planning purposes, note that defendants generally must serve an answer or response to a pleading within 30 days of being served with the complaint. Md. Rule 2-321. For more on responding to a complaint, see Responding to the Complaint (MD).