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Encyclopedia > Claimant

The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). The plaintiff is the one who is claiming damages for injury; or who is seeking redress of a wrong. In some jurisdictions the commencement of a lawsuit is done by filing a summons and/or a complaint -- these documents are known as pleadings -- that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant(s) according to the rules of civil procedure.


Not all lawsuits are plenary actions. There are also simplified procedures, often called proceedings, in which the parties are termed petitioner instead of plaintiff and respondent, instead of defendant. There are also cases that do not technically involve two sides; such as petitions for specific statutory relief that requires judicial approval; in those cases there are no respondents, just a petitioner.


The party to whom the complaint is against is the defendant; or in the case of a petition, a respondent.






  Results from FactBites:
 
27017: William Maloy, Claimant/Appellant v. Cabinet & Bath Supply, Inc., Employer/Respondent. (3628 words)
Claimant further contends that the commission erred in entering the award of no compensation because no findings or conclusions were made regarding claimant's allegations that witnesses lied under oath with respect to testimony adduced at the hearing before the administrative law judge.
Claimant was diagnosed with a herniated disc at the same level as the one for which he previously had surgery.
Claimant contends the award denying compensation was not based upon competent and substantial evidence because the commission improperly relied on out-of-court statements by a key witness regarding the timing of claimant's injury; that this was reversible error.
ED81354: Winston Pennington, Claimant/Respondent v. Deca Property Management, Employer/Appellant. (1670 words)
On August 5, 1993, claimant filed a claim for workers' compensation alleging that on June 24, 1992, he was injured in the course and scope of employment.
Claimant and Norton were on a walk board that was approximately thirty-three to thirty-five feet above the ground and was attached to ladder jacks.
Claimant was transported by ambulance to a hospital.
  More results at FactBites »

 
 

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