The New International Encyclopædia/Declaration (common law)

​DECLARATION. Under the common-law practice, the first pleading in an action, consisting of a sufficient statement, in legal form, of all the material facts constituting the plaintiff’s cause of action, together with a demand for relief. The facts alleged must be sufficient to give the plaintiff a right to recover if he establishes them; otherwise the defendant may demur and get judgment in his favor. Originally, in England, it applied only to personal actions, the first pleading in causes involving real property being called a count; but this distinction is no longer maintained in England or the United States.

The declaration is made up of the following general parts, viz. the title, being the name of the court; the venue, or county in which the cause of action arose; the commencement, containing the names of the parties and the capacities in which they are joined in the action, together with a statement that the defendant has been summoned; the body, a statement of the facts constituting the cause of action; and a conclusion, or formal demand for relief at the end. The body must conform to the particular common form which is adapted to the nature of the action, but the general characteristics remain the same. It corresponds to a complaint in code practice, and a bill in equity or chancery, and statement of claim (q.v.) in England. See Bill in Equity; Code; Common Forms; Forms of Action; Original Writ; Pleading.