A
plaintiff (
Π in
legal shorthand), also known as a
claimant or
complainant, is the party who initiates a
lawsuit (also known as an
action) before a
court. By doing so, the plaintiff seeks a
legal remedy, and if successful, the court will issue
judgment in favor of the plaintiff and make the appropriate
court order (eg. an order for
damages).
In some
jurisdictions the commencement of a lawsuit is done by filing a
summons, claim form and/or a
complaint — these documents are known as
pleadings — that set forth the alleged wrongs committed by the
defendant or defendants with a demand for relief. In other jurisdictions the action is commenced by service of
legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an
affidavit from the process server that they had been given to the defendant(s) according to the rules of
civil procedure.
Not all lawsuits are
plenary actions, involving a full
trial on the merits of the case. There are also simplified procedures, often called proceedings, in which the parties are termed
petitioner instead of plaintiff, and
respondent instead of defendant. There are also cases that do not technically involve two sides, such as petitions for specific statutory relief that require judicial approval; in those cases there are no respondents, just a petitioner.
A plaintiff identified by name in a
class action is called a
named plaintiff.
The party to whom the complaint is against is the
defendant; or in the case of a petition, a respondent. Case names are usually given with the plaintiff first, as in
Plaintiff v. Defendant.
United Kingdom
In
England and
Wales, since
April 26 1999, when the
Civil Procedure Rules 1998 came into force, the term
Claimant has replaced Plaintiff.
[1]
In
Scotland, a plaintiff is referred to as a
pursuer and a defendant as a defender.
Elsewhere
In
Hong Kong and the
United States, a plaintiff is still referred to as a plaintiff. The British usage of "claimant" and "claim form" in the context of formal legal proceedings is quite confusing for Americans, who traditionally limit the application of those terms to
insurance and
administrative law. After exhausting remedies available through an
insurer or
government agency, an American who turns to the courts would file a complaint and become a plaintiff.
See also
Defendant
It is common practice in legal documents to cite to other publications by using standard abbreviations for the title of each source. Abbreviations may also be found for common words or legal phrases.
..... Click the link for more information.
lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. One or more defendants are required to respond to the plaintiff's complaint.
..... Click the link for more information.
court is a public forum used by a power base to adjudicate disputes and dispense civil, labour, administrative and criminal justice under its laws. In common law and civil law states, courts are the central means for dispute resolution, and it is generally understood that all
..... Click the link for more information.
A legal remedy is the means by which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will. In Commonwealth common law jurisdictions and related jurisdictions (e.g.
..... Click the link for more information.
A judgment (or judgement; `see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. At the same time the court may also make a range of court orders, such as imposing a sentence upon a guilty defendant in a
..... Click the link for more information.
A court order (or court ruling) is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings.
..... Click the link for more information.
damages refers to the money paid or awarded to a claimant (UK) or plaintiff (US) following a successful claim in a civil action.
Compensatory damages
Compensatory damages are paid to compensate the claimant for loss, injury, or harm suffered by(see requirement of
..... Click the link for more information. jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to
..... Click the link for more information.
summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes.
Judicial summons
A judicial summons is addressed to a defendant in a legal proceeding.
..... Click the link for more information. In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, etc. Under common law, a complaint is a formal legal document that sets out the basic facts and legal reasons (see: cause of action) that the filing party (the
..... Click the link for more information.
highly specialized aspect of its associated subject.
Please help [ improve this article] by adding more general information.
In law, a
pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer.
..... Click the link for more information. A defendant or defender (Δ in legal shorthand) is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute.
..... Click the link for more information.
Service of process is the procedure employed to give legal notice to a person (defendant etc.) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal.
..... Click the link for more information.
An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public.
..... Click the link for more information.
Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a "civil action", as opposed to a criminal action).
..... Click the link for more information.
Plenary is an adjective related to the noun plenum carrying a general connotation of fullness.
Plenary may refer to:
- Plenary session or meeting, the part of a conference when all members of all parties are in attendance
..... Click the link for more information. trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute.
..... Click the link for more information.
The title
Class Action refers to multiple works (see
class action for the legal term):
- Class Action, a 1991 film starring Gene Hackman and Mary Elizabeth Mastrantonio
- Class Action
..... Click the link for more information. A named plaintiff is one of the small group of individual plaintiffs in a class action who are identified by name and who stand in for and represent the interests of the larger group of people who comprise the plaintiff class.
..... Click the link for more information.
A defendant or defender (Δ in legal shorthand) is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute.
..... Click the link for more information.
Motto
Dieu et mon droit (French)
"God and my right"
Anthem
No official anthem specific to England — the anthem of the United Kingdom is "God Save the Queen".
..... Click the link for more information.
Motto
Cymru am byth (Welsh)
"Wales forever"
Anthem
"Hen Wlad Fy Nhadau"
..... Click the link for more information.
April 26 is the 1st day of the year (2nd in leap years) in the Gregorian calendar. There are 0 days remaining.
It is the first day following the spring equinox which cannot be Easter Sunday in Western Christianity.
..... Click the link for more information.
The Civil Procedure Rules 1998 (CPR) are the rules of Court governing civil cases in the Court of Appeal, High Court and County Court in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court
..... Click the link for more information.
A plaintiff (Π in legal shorthand), also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court.
..... Click the link for more information.
Motto
Nemo me impune lacessit (Latin)
"No one provokes me with impunity"
"Cha togar m'fhearg gun dioladh"
..... Click the link for more information.
A pursuer in Scotland is the party who initiates a lawsuit before a Court of Scotland. The term is the same in civil and criminal proceedings. The pursuer is seeking a legal remedy, and if successful, the court will issue judgment in favour of the pursuer and make the appropriate
..... Click the link for more information.
AnthemMarch of the Volunteers[1]Capital None
[2]Largest district (population) Sha Tin District
..... Click the link for more information. Motto
"In God We Trust" (since 1956)
"E Pluribus Unum" ("From Many, One"; Latin, traditional)
Anthem
..... Click the link for more information.
This article or section needs copy editing for grammar, style, cohesion, tone and/or spelling.
You can assist by [ editing it] now. A how-to guide is available, as is general .
This article has been tagged since August 2007.
..... Click the link for more information.