Common Count Law and Legal Definition

Common count is a common law pleading used to recover money owed by the defendant to the plaintiff based upon an express or implied promise to pay after performance is rendered. In a common count pleading, plaintiff sets out in account form the elements that constitute the basis of his/her claim. In such a pleading all the counts of debts are merged together. Therefore, the defendant fails to escape or find a technical loophole in one of the counts. The count may refer to money owed, goods delivered but not yet paid or money received by defendant but not yet paid to plaintiff. Common counts are no longer used for pleading purposes. It has been replaced by complaints according to the Federal Rules of Civil Procedure and State Codes of Civil Procedure.