Plaintiff
Party who initiates a civil lawsuit seeking legal remedy.
In a civil lawsuit, the party who brings the case to court is called the plaintiff, often noted as Π in legal shorthand. The plaintiff asks the court for a legal remedy, and if they win, the court issues a judgment in their favor—for example, ordering the defendant to pay damages. This term is used in most English-speaking places, though England and Wales switched to "claimant" in 1999, and Scotland has always used "pursuer." In criminal cases, the prosecutor handles the case, and the main complaining party is known as the "complainant."
To start a lawsuit, some jurisdictions require filing documents like a summons, claim form, or complaint—collectively called pleadings—which describe the alleged wrongs and demand relief. In other places, the case begins when these documents are delivered to the defendant by a process server, and only later filed with the court along with an affidavit confirming service.
The word "plaintiff" dates back to 1278, from the Anglo-French *pleintif* meaning "complaining." It was once identical to "plaintive" but took on the -iff spelling in legal use by the 1400s. In a class action, the plaintiff named in the case is called a named plaintiff. In most common-law jurisdictions outside England and Wales, "claimant" is used only in non-judicial settings, like insurance or administrative law; an American who exhausts those options then files a complaint in court and becomes a plaintiff. In Scotland, the plaintiff is a "pursuer" and the defendant a "defender." In the Federal Court of Australia, most plaintiffs are called "applicants," except in admiralty and corporations law, where they remain "plaintiffs."
Case names typically list the plaintiff first, as in *Plaintiff v. Defendant*. The opposing party is the defendant, or a respondent in a petition. Criminal cases are brought by the prosecution, often in the name of the monarch, state, or government—for example, the Crown (abbreviated R) in Commonwealth realms, or "The People of the State" in some U.S. states.
- field
- Law
- known_for
- Initiating a civil lawsuit
- etymology
- Anglo-French 'pleintif' meaning 'complaining'
Lore & Background
The term "plaintiff" (often abbreviated as Π in legal shorthand) designates the party who initiates a civil lawsuit, known as an action, by filing a complaint or summons with a court. The plaintiff seeks a legal remedy, such as damages or a court order, and if successful, the court issues a judgment in their favor. The word itself dates back to 1278, derived from the Anglo-French *pleintif*, meaning "complaining," and was originally identical to "plaintive" before adopting the "-iff" spelling in the 15th century. In most English-speaking jurisdictions—including the United States, Canada, Australia (except federal courts), Hong Kong, Nigeria, Northern Ireland, and the Republic of Ireland—"plaintiff" remains the standard term. Notable exceptions include England and Wales, where the term "claimant" replaced "plaintiff" in 1999 under the Civil Procedure Rules, and Scotland, where the party is called a "pursuer." In criminal cases, the initiating party is the prosecutor, while the key complaining witness is termed the "complainant." In class actions, a plaintiff identified by name is known as a named plaintiff. Case names typically list the plaintiff first (e.g., *Plaintiff v. Defendant*). In the Federal Court of Australia, most plaintiffs are called "applicants," except in admiralty and corporations law, where "plaintiff" is used. In the United States, "claimant" is reserved for extrajudicial contexts like insurance or administrative law; after exhausting those remedies, a claimant files a complaint in court and becomes a plaintiff.
Reader's Guide
The term 'plaintiff' is central to civil litigation in most English-speaking jurisdictions, distinguishing the party who brings a lawsuit from the defendant. In Scotland, the party is always known as the 'pursuer'. In the Federal Court of Australia, most plaintiffs are called 'applicants', except in admiralty and corporations law matters where they are called 'plaintiffs'. A plaintiff identified by name in a class action is called a named plaintiff. In criminal cases, the prosecution brings the case, not a plaintiff, and the complaining witness is termed the 'complainant'. Case names are usually given with the plaintiff first, as in Plaintiff v. Defendant. The term's historical roots in Anglo-French law underscore its long-standing role in legal procedure.
Did You Know?
- In Scotland, a plaintiff is referred to as a 'pursuer' and a defendant as a 'defender'.
- In the Federal Court of Australia, most plaintiffs are called 'applicants', but in admiralty and corporations law matters they are called 'plaintiffs'.
Frequently Asked Questions
Who is a Plaintiff?
A plaintiff is the person or entity that files the initial complaint to start a civil lawsuit in court. They are the one formally asking the judge for a legal remedy against the opposing party.
What is a Plaintiff's role in a lawsuit?
The plaintiff bears the burden of presenting their case and evidence to support their claim before the court. Their goal is to secure a favorable judgment, such as an award of damages or a specific court order.
How does a Plaintiff's case typically end?
If the court rules in the plaintiff's favor, the judge issues a judgment and may order the defendant to pay damages or take specific action. If the plaintiff loses, the case is dismissed and no remedy is granted.
Why is the Plaintiff important in the legal system?
Without a plaintiff initiating the action, a civil case simply cannot begin, making them the driving force behind the entire proceedings. They set the terms of the dispute and determine what remedy the court is asked to consider.
Where does the word 'Plaintiff' come from?
The term traces back to the Anglo-French word 'pleintif,' which essentially means 'complaining.' This reflects the plaintiff's core function of formally presenting a grievance to the court.
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