Parties to Litigation (Civil Action) - Explained
Who are the Parties to a Legal Action?
Written by J. Mance Gordon
Updated at April 20th, 2024
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Who are the Parties to a Lawsuit?
A lawsuit involves (or may involve) the following parties and situations:
- Plaintiff
- Defendant
- Counterclaims
- Third-Party Defendants
Each of these situations is explained below.
Who is a Plaintiff in a Civil Action?
The plaintiff is the party (individual or business) who files the action claiming that she has suffered a wrong at the hands of the defendant.
Basically, the plaintiff is the individual suing or bringing a civil action against someone else.
Who is a Defendant in a Civil Action?
The defendant is the party being sued in a civil action.
More specifically, a defendant is a party named by the plaintiff in the formal complaint filed with the court.
Often times, the plaintiff will name multiple defendants.
In some cases, each defendants' conduct may subject her to potential liability independently of other defendants.
In other cases, the collective actions of multiple individuals may subject them to liability collectively.
What is a Counterclaim in Civil Action?
A counterclaim is a claim by a named defendant against the plaintiff.
The defendant alleges that the plaintiff is responsible for some loss or harm she has suffered.
A counterclaim by the defendant against the plaintiff does not have to be related in any way to the claims alleged by the plaintiff against the defendant.
This all happens within the same court case.
In this situation, the defendant or counter-plaintiff is the one bringing the counterclaim against the original plaintiff or counter-defendant.
Who is a Third-party Defendant in a Civil Action?
A third-party defendant is a party who is not initially named as a defendant in the plaintiff's complaint but is added to the case by a defendant.
Basically, a defendant makes a claim against a third party alleging that she should be brought into the litigation as a co-defendant.
Related Topics
- Civil Litigation Procedure (Intro)
- What is a civil lawsuit or civil action?
- Who are the parties to a lawsuit?
- What is standing to sue?
- Venue
- What is personal jurisdiction?
- What is a class action?
- What are the pleadings?
- What is discovery?
- What is the scope of discovery?
- What are motions and how are they used?
- What are frivolous cases?
- Barratry
- What is the process of selecting a jury?
- What are the steps involved in a civil trial?
- What is the burden of proof in a civil trial?
- How is a civil trial decided?
- Adjudication
- Default Judgment
- Stipulated Judgment
- Equitable Defenses
- Equitable Relief
- Doctrine of Clean Hands
- Compensatory Damages
- Punitive Damages
- Replevin
- What is joint and several liability?
- Judgment Proof
- What is the process for appeal?
- Amicus Curiae Brief
- How do parties enforce a civil judgment?
- Levy
- Garnishment
- Writ of Attachment
- Writ of Execution
- Writ of Seizure and Sale
- Sheriff's Sale
- What is res judicata