The plaintiff, as the instigator, plays a pivotal role in a civil lawsuit. They initiate the legal proceedings against a defendant by filing a legal claim. This act not only alleges the defendant’s liability or culpability for some injury, damages, or legal violation against the plaintiff but also invokes the jurisdiction of the court to adjudicate the claim.
As the instigating party, the plaintiff shoulders the burden of proof in a civil case. It is their duty to provide a preponderance of evidence, demonstrating the defendant’s legal responsibility for the allegations made in the plaintiff’s claim. The plaintiff has the opportunity to present their legal theories and causes of action against the defendant, based on the underlying facts of the dispute.
Throughout the litigation process, the plaintiff takes an active role in prosecuting the case. They are responsible for submitting pleadings, conducting discovery, filing motions, and presenting evidence and arguments at trial if no settlement is reached. The plaintiff actively seeks a favorable judgment and remedy, such as monetary damages or a court order, to be awarded against the defendant.
Depending on the particular legal dispute involved, the plaintiff in a civil lawsuit can be an individual, corporation, organization, or government entity. If successful, the court’s judgment will grant the plaintiff the specific relief they sought against the defendant in their original claim, which initiated the lawsuit. This relief could include monetary compensation, an injunction to stop a certain action, or a court order to enforce a contract.