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Rule 2.3 Contents of a complaint.

RULE 2. COMMENCEMENT AND PROSECUTION OF CRIMINAL PROCEEDINGS

← Previous Rule 2.2: Prosecution of criminal proceedings. Next → Rule 2.4: Duty of judge or magistrate upon making of a complaint.

Rule Text

A complaint is a statement made upon oath before a judge, magistrate, or official authorized by law to issue warrants of arrest, setting forth essential facts constituting an offense and alleging that the defendant committed the offense. The complaint may be written, typed, electronic, or computer-generated.

[Amended 10-27-2020, eff. 2-1-2021.]

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

A complaint is the formal document that starts a criminal case. It's a sworn statement, meaning someone has to make it under oath in front of a judge, magistrate, or other official who has the legal power to issue arrest warrants.

The complaint has to include the basic facts about what happened. It needs to explain what crime was committed and state that the person named in the complaint is the one who did it. The facts don't have to cover every detail, just enough to show what the alleged crime was.

The complaint can be created in different formats. It can be handwritten, typed, submitted electronically, or generated by computer. This means courts have flexibility in how these documents are prepared and filed, making the process easier to handle with modern technology while still keeping the sworn, formal nature of the statement.

Committee Notes

Committee Comments

Ala.Code 1975, § 15-7-1, defines a “complaint” as “an allegation made before a proper judge or magistrate that a person has been guilty of a designated public offense.” It serves the dual purpose of being the accusatory instrument in most misdemeanor cases and commencing preliminary proceedings in felony cases. This rule makes no change in Alabama law or practice, but it pulls together the parts of the instrument variously termed complaint, affidavit or warrant. See Ala.Code 1975, § 15-7-2. A traffic ticket issued pursuant to Rule 19, A.R.J.A., will be sufficient to constitute a complaint.

Note from the reporter of decisions: The order amending Rule 2.3, Rule 4.3, Rule 4.4, and Rule 7.4, effective February 1, 2021, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d.

← Previous Rule 2.2: Prosecution of criminal proceedings. Next → Rule 2.4: Duty of judge or magistrate upon making of a complaint.

Cross-References

Referenced By (3)

Ala. R. Crim. P. Rule 13.1 Ala. R. Crim. P. Rule 4.3 Ala. R. Crim. P. Rule 1.4

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Last updated: September 2026

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