Who is who in a federal case

Plaintiff

The plaintiff is the party who starts a civil lawsuit by filing the complaint.

The plaintiff chooses the court, frames the claims, and carries the burden of proof on them, usually by a preponderance of the evidence. In the caption, the plaintiff's name comes before the versus.

The label changes with the posture. On appeal the same person becomes the appellant or appellee, in a counterclaim they become a counterclaim defendant, and in a criminal case the equivalent party is the United States.

In multi-party cases the label hides complexity. A docket may list dozens of plaintiffs with different lawyers, different claims, and different settlement postures, so the caption's first name is only the beginning of the story. In cases brought by the government, the plaintiff is the United States or an agency, and the docket lists government counsel rather than a private firm, which is a fast way to identify enforcement actions.

How it appears on a docket

The caption reads MARIA RODRIGUEZ, Plaintiff, v. ACME LOGISTICS, INC., Defendant, and the docket lists counsel under Plaintiff's name.

Related terms

  • Defendant — The defendant is the party being sued in a civil case or charged in a criminal case.
  • Complaint — A complaint is the document that starts a civil lawsuit, naming the parties, telling the court why it has jurisdiction, and laying out the claims.

More on who is who in a federal case

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