November 3, 20152 min read
Share on facebookShare on TwitterShare on Linkedin

In a court of law, a plaintiff can be considered as an individual or group that brings a case against another involved party. The plaintiff can also be referred to as a claimant.

What is the difference between a plaintiff and a defendant?

A plaintiff will be an individual that opens a lawsuit against another individual or party, who is considered to be the defendant.

Proceedings for a plaintiff to open a lawsuit

Each case will be treated under the rule of law established by the judicial system. In the United States, each state has established certain guidelines on the proceedings for plaintiffs to open a lawsuit.

If a plaintiff wants to begin a lawsuit, he or she must first file a complaint and a summons to the appropriate court. In the first step, a plaintiff must clearly state and outline the reason for the lawsuit. This will entail a description against the defendant.

Secondly, the plaintiff must establish a summons, this can be in written format or appear in the appropriate court. The summons will establish the requirements for how each party must respond with the amendment of the complaints associated with the lawsuit.

There are of course different legal proceedings for each plaintiff and will be based upon whether the plaintiff is a public or private individual.

The Importance of a Burden of Proof

When a plaintiff begins a lawsuit, the burden of proof will require them to provide the necessary evidence, documents, and testimonials to support their claims. The burden of proof is usually presented to the person who filed the claim i.e. the plaintiff.

The burden of proof is a legally binding arrangement between the civil court and the parties involved. The burden of proof will establish who is accountable for providing supplementary evidence.

Read more: Plaintiffs First: The Ethics of Litigation Funding