Also known as: ad querimoniam · to the complaint · upon complaint
Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase indicating that a legal proceeding or action is brought upon the complaint or petition of a specified party.
Select any source to read its text and confirm it supports the definition.
Amelia Amari sued Ashford Manufacturing for trade secret theft and sought a preliminary injunction. The court issued an order that listed the precise documents and processes Ashford could not use or disclose. Ashford moved to vacate the order for lack of reasonable detail. The court upheld the injunction because the order itself identified the restrained acts without relying on the complaint.
Aaron Adams filed a personal injury suit in federal court against Alpine Mining. Alpine moved to transfer the case to another district where the accident occurred. Adams opposed the motion, arguing the original venue was proper. The court granted the transfer after weighing convenience factors in the proceeding brought ad quaerimoniam Alpine.
Antonio Alvarado sued Daimler AG in California for injuries sustained abroad. Daimler moved to dismiss for lack of personal jurisdiction. The court granted the motion because Daimler's contacts with California were insufficient to support jurisdiction in the action brought ad quaerimoniam Alvarado.
Anita Ali sued several pharmaceutical companies after developing injuries from a generic drug. Because she could not identify the specific manufacturer, the court allowed the case to proceed on a market share theory in the action brought ad quaerimoniam Ali.
Amber Alonzo sued a zoning board over a development permit granted to a neighbor. The board moved to dismiss, arguing Alonzo lacked standing. The court dismissed the suit because Alonzo failed to show a distinct injury in the proceeding brought ad quaerimoniam Alonzo.
Alexandra Armstrong sued the IRS over a tax exemption granted to a private school. The government moved to dismiss for lack of standing. The court dismissed the action because Armstrong could not demonstrate a concrete injury in the proceeding brought ad quaerimoniam Armstrong.
The phrase signals that a proceeding is initiated upon the complaint of a named party. It appears in older pleadings and orders to identify the complaining party as the source of the action.
Courts employ the phrase when an injunction issues on complaint of a plaintiff. The order must still satisfy Rule 65 by describing the restrained acts in reasonable detail without reference to other documents.
The phrase merely identifies the complaining party. Standing still requires the plaintiff to allege a distinct and palpable injury even when the action proceeds on complaint of that party.
…(1978) (6-month maximum); Va. Code § 18.2-361 (1982) (5-year maximum). [^maj-2]: It was conceded at oral argument that, prior to the complaint against respondent Hardwick, there had been no reported decision involving prosecution for private homosexual sodomy under this statute for several decades. See Thompson v. Aldredge , 187…