Plaintiff
Encyclopedia
A plaintiff also known as a claimant or complainant, is the term used in some jurisdictions for 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
(e.g., an order for damages
).
In some jurisdiction
s the commencement of a lawsuit is done by filing a summons
, claim form and/or a complaint
. These documents are known as pleading
s, 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.
came into force on 26 April 1999. In Scottish law, a plaintiff is referred to as a pursuer
and a defendant as a defender.
In Hong Kong
and the United States
, the legal term "plaintiff" is still in use. Americans traditionally limit the application of terms such as "claimant" and "claim form" to extrajudicial process in insurance
and administrative law
. After exhausting remedies available through an insurer or government agency
, an American claimant in need of further relief would turn to the courts, file a complaint (thus establishing a real court case under judicial supervision), and become a plaintiff.
The word plaintiff can be traced to the year 1278 and stems from the Anglo-French word pleintif meaning complaining from pleint. It was identical with plaintive at first and receded into legal usage with the -iff spelling in the 15th century.
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.
Complainant may also denote the complaining witness in a criminal proceeding.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
(also known as an action) before a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. By doing so, the plaintiff seeks a legal remedy
Legal remedy
A legal remedy is the means with 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....
, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
(e.g., an order for damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
).
In some jurisdiction
Jurisdiction
Jurisdiction 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 administer justice within a defined area of responsibility...
s the commencement of a lawsuit is done by filing a summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
, claim form and/or a complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
. These documents are known as pleading
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
s, that set forth the alleged wrongs committed by the defendant
Defendant
A defendant or defender 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...
or defendants with a demand for relief. In other jurisdictions the action is commenced by service of legal process
Legal process
Legal process , are the proceedings in any civil lawsuit or criminal prosecution and, particularly, describes the formal notice or writ used by a court to exercise jurisdiction over a person or property...
by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
from the process server that they had been given to the defendant(s) according to the rules of civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
.
Not all lawsuits are plenary
Plenary
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,...
actions, involving a full trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
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.
Terminology
In England and Wales, the term Claimant has replaced Plaintiff after the Civil Procedure Rules 1998Civil Procedure Rules 1998
The Civil Procedure Rules are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales...
came into force on 26 April 1999. In Scottish law, a plaintiff is referred to as a pursuer
Pursuer
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 court order...
and a defendant as a defender.
In Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the legal term "plaintiff" is still in use. Americans traditionally limit the application of terms such as "claimant" and "claim form" to extrajudicial process in insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
and administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
. After exhausting remedies available through an insurer or government agency
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
, an American claimant in need of further relief would turn to the courts, file a complaint (thus establishing a real court case under judicial supervision), and become a plaintiff.
The word plaintiff can be traced to the year 1278 and stems from the Anglo-French word pleintif meaning complaining from pleint. It was identical with plaintive at first and receded into legal usage with the -iff spelling in the 15th century.
A plaintiff identified by name in a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
is called a named plaintiff.
The party to whom the complaint is against is the defendant
Defendant
A defendant or defender 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...
; or in the case of a petition, a respondent. Case names are usually given with the plaintiff first, as in Plaintiff v. Defendant.
Complainant may also denote the complaining witness in a criminal proceeding.