Plaintiff
The person or organization that starts a civil lawsuit by filing a complaint with the court.
The plaintiff is the person, business, or organization that initiates a civil lawsuit. The plaintiff believes they have been wronged or harmed in some way and asks the court to provide a remedy, which is usually money damages or a court order.
Key things to know about plaintiffs:
- Burden of proof: The plaintiff has the responsibility of proving their case. In most civil cases, the plaintiff must prove their claims by a “preponderance of the evidence,” meaning it is more likely than not that their version of events is true.
- Filing the complaint: The plaintiff starts the lawsuit by filing a complaint with the court and serving it on the defendant.
- Multiple plaintiffs: More than one person can be a plaintiff in the same case if they share similar claims.
- Not used in criminal cases: In criminal cases, the government (the State of Minnesota) brings charges, not a private plaintiff. The term used in some non-lawsuit court cases is “petitioner.”
Example: After a contractor fails to finish a home renovation and refuses to return the deposit, the homeowner becomes the plaintiff by filing a lawsuit against the contractor (the defendant) to recover the money.
When you might see this term
In civil court cases -- the plaintiff is the party who brings the lawsuit. Case names often list the plaintiff first (e.g., Smith v. Jones).