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In a civil case, what is the difference between a plaintiff and a defendant?
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In a civil case:
- Plaintiff: the person or entity who starts the lawsuit by filing a complaint (or petition). The plaintiff claims that the defendant harmed them (e.g., breach of contract, negligence) and asks the court for a remedy such as money damages, an injunction, or a declaration of rights. The plaintiff generally has the burden of proving the facts of the claim.
- Defendant: the person or entity being sued. The defendant answers the complaint, can deny the plaintiff’s allegations, raise legal defenses, and may file counterclaims (turning the defendant into a plaintiff on those claims) or third‑party claims against others.
Burden/standard of proof: in most civil cases the plaintiff must prove the case by a preponderance of the evidence (more likely than not); some civil issues require a higher standard (clear and convincing evidence).
Both plaintiffs and defendants can be individuals, businesses, or government entities. (In contrast, in criminal cases the government—prosecutor—brings the case against a criminal defendant.)
- Plaintiff: the person or entity who starts the lawsuit by filing a complaint (or petition). The plaintiff claims that the defendant harmed them (e.g., breach of contract, negligence) and asks the court for a remedy such as money damages, an injunction, or a declaration of rights. The plaintiff generally has the burden of proving the facts of the claim.
- Defendant: the person or entity being sued. The defendant answers the complaint, can deny the plaintiff’s allegations, raise legal defenses, and may file counterclaims (turning the defendant into a plaintiff on those claims) or third‑party claims against others.
Burden/standard of proof: in most civil cases the plaintiff must prove the case by a preponderance of the evidence (more likely than not); some civil issues require a higher standard (clear and convincing evidence).
Both plaintiffs and defendants can be individuals, businesses, or government entities. (In contrast, in criminal cases the government—prosecutor—brings the case against a criminal defendant.)
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