Who Is the Plaintiff?
The plaintiff is the party who starts a civil lawsuit by filing a complaint (or, in some matters, a petition) against a defendant. The plaintiff is the one asking the court for relief — money damages, an injunction, a declaration of rights, or another remedy — and, having brought the case, carries the responsibility of proving it.
In Florida civil cases, the plaintiff must have standing (a real, direct stake in the outcome), file in a court with proper jurisdiction and venue, and bring the claim within the applicable statute of limitations. In most civil cases the plaintiff must prove the claim by a preponderance of the evidence — that it is more likely true than not.
What the Plaintiff Does
- Files the complaint and pays the filing fee to open the case
- Serves the defendant with a summons and the complaint
- Bears the burden of proof and generally presents evidence first at trial
- Must participate in discovery and comply with the rules of procedure
When the Plaintiff Becomes a Defendant
A defendant may assert a counterclaim back against the plaintiff. Under Florida Rule of Civil Procedure 1.170, a compulsory counterclaim arises from the same transaction and must be raised in the same case or it is lost, while a permissive counterclaim involves an unrelated dispute. On a counterclaim, the plaintiff stands in the position of a defendant and must respond.
Related Terms
- Defendant — The party the plaintiff sues
- Standing — The stake a plaintiff must have to sue
- Burden of Proof — What the plaintiff must establish
Barnes Walker Litigation
Barnes Walker's litigation attorneys represent plaintiffs and defendants in civil disputes throughout Manatee, Sarasota, and the surrounding Florida courts. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC