Quick answer: The plaintiff is the person or organization that files a civil lawsuit and asks the court for a remedy. The defendant is the party being sued. In a criminal case the government is the prosecution, and the person charged is the defendant. On appeal, the roles are called appellant and appellee.
Key takeaways
- The plaintiff starts the case and generally has the burden of proof.
- The defendant answers the complaint and can raise defenses or counterclaims.
- One person can be both, such as when a defendant files a counterclaim.
- Class actions use a lead plaintiff, called a class representative.
- Case names usually list the plaintiff first, for example Smith v. Jones.
What is a plaintiff?
A plaintiff is the party who starts a civil case by filing a complaint. According to Cornell’s Legal Information Institute, the plaintiff initiates the lawsuit and seeks a legal remedy, such as money damages or a court order. The plaintiff also has the burden of proving the claim.
A plaintiff can be a person, a business, a nonprofit or a government agency. If you were hurt in a crash and you sue the other driver, you are the plaintiff. If you want help with that process, start with our guide on how to file a lawsuit.
What is a defendant?
The defendant is the party the complaint is filed against. After being served, the defendant must respond. In federal court the answer is generally due 21 days after service. A defendant can deny the claims, raise defenses, ask the court to dismiss the case or file a counterclaim. If you have been served, read can I be sued for the next steps.
Plaintiff vs defendant at a glance
| Plaintiff | Defendant | |
|---|---|---|
| Role | Files the case | Responds to the case |
| Burden of proof | Usually must prove the claim | May raise defenses |
| Goal | Win a remedy | Defeat or reduce the claim |
| Named first in case title | Yes | No |
Other names for the parties
- Petitioner and respondent: used in some proceedings, such as family court and some appeals.
- Appellant and appellee: the party who appeals and the party who responds to the appeal.
- Class representative: the named plaintiff in a class action. See what a class action lawsuit is.
- Prosecution: in criminal cases, the government brings the charge instead of a private plaintiff.
Can someone be both plaintiff and defendant?
Yes. If you are sued and you file a counterclaim, you are defending the original claim while acting as a plaintiff on your own. This often happens in business disputes. Our overview of what a lawsuit is shows where each role fits in the case.
Frequently asked questions
Who is the plaintiff in a court case?
The plaintiff is the party who brought the civil case. Check the case title: the first name listed is usually the plaintiff.
Who has the burden of proof?
In most civil cases the plaintiff must prove the claim. A defendant who raises certain defenses may have to prove those.
Is the person who gets sued the defendant?
Yes. Anyone named in the complaint and served with a summons is a defendant.
Who is the plaintiff in a class action?
One or a few named plaintiffs represent the whole class. Learn how to start or join a class action lawsuit.
Who pays court costs?
The plaintiff usually pays the filing fee at the start. Read how much it costs to file a lawsuit for details.
This article is general information, not legal advice. Speak with a licensed attorney about your situation.