Plaintiff
The party who initiates a civil lawsuit by filing a complaint, seeking a legal remedy such as damages, an injunction, or a declaratory judgment from a court.
Who Is the Plaintiff?
The plaintiff is the party that begins a civil action by filing a complaint or petition with the court. The plaintiff alleges that the defendant has caused harm or violated a legal duty and asks the court to grant relief. In criminal cases, the equivalent role is filled by the prosecution (the government), and the term complainant or petitioner is sometimes used in equity or family law.
The Plaintiff's Burden
- **Standing**: the plaintiff must have a concrete, particularized injury caused by the defendant and redressable by the court - **Subject matter and personal jurisdiction**: the chosen court must have authority over the dispute and the defendant - **Statute of limitations**: the claim must be filed within the legal deadline - **Burden of proof**: most civil plaintiffs must prove their case by a preponderance of the evidence; fraud and some other claims require clear and convincing evidence
Procedural Path
The plaintiff files the complaint with the court clerk and serves the defendant with a summons. The defendant then files an answer or a motion to dismiss. The case proceeds through discovery, motion practice, and potentially trial. Plaintiffs commonly seek monetary damages (compensatory, consequential, and sometimes punitive), equitable relief (injunctions, specific performance, rescission), declaratory judgments, and attorneys' fees where authorized by statute or contract. Most civil cases settle before trial, with the plaintiff receiving negotiated payment in exchange for releasing claims.