What is the difference between plaintiff and complainant?
Asked by: Leilani Bergstrom | Last update: November 24, 2025Score: 4.4/5 (13 votes)
The term “plaintiff” is often used in the legal system to refer to the party who initiates a lawsuit. However, alternative terms are used to refer to a plaintiff, including “complainant” and “complaining party.”
Is the complainant the same as the plaintiff?
The Complaint says who is suing you, why, and what they're asking for. The Complaint might be a form or typed up in a specific legal format where each line is numbered (called pleading paper). The plaintiff is who is suing you. They may have a lawyer listed on the paperwork.
Who is considered the complainant?
Complainant is a party who initiates a lawsuit in a court of law or an administrative proceeding . In the context of criminal law , “complainant” refers to a person who alleges that another committed a criminal act against him/her.
What is another word for complainant?
complainant (noun as in filer of court complaint) Strongest matches. accuser claimant plaintiff. Strong match. suer.
Is the plaintiff always the victim?
If someone is the victim of a crime and the person accused of that crime is arrested, the plaintiff is not the victim. The victim was the target of the crime, but the actual plaintiff is the government body bringing charges against the alleged perpetrator.
Who is called a Plaintiff/Defendant/Petitioner/Respondent -Legal Lotus, Miami Trial & Family Lawyers
Do plaintiffs always win?
If you are asking if defendant's typically win their cases more than plaintiff's, or vice versa, then, no. Each case is different and either side can win depending upon the respective strength of the cases.
Can a defendant sue a victim?
Occasionally, offenders may sue or countersue victims. Defendants may take this step in order to harass or intimidate victims into dropping charges or withdrawing their civil suits. Sometimes these suits are filed in response to the victim's civil complaint, along with answers to the complaint.
What does complainant mean in court?
Lesson Summary. A complainant is someone who makes a report of criminal wrongdoing. A complainant can be the victim or witness of an alleged crime. It is the complainant that makes the initial accusation, or claim that someone has done something wrong, to the police, which initiates an investigation and/or arrest.
What is the opposite of a complainant?
(a) Complainant means plaintiff , petitioner, appellant , litigant , so its antonyms can be defendant .
Is a complainant a victim?
CMV: a person making an accusation should be referred to as ' the complainant' and not ' the victim. ' In legal matters this is important: The term victim assumes that the person making a complaint is correct.
Does the complainant have to appear in court?
Generally, the complainant is only required to attend a trial (bench or jury).
Who would be the complainant?
In civil law, the complainant is the person or entity who files a complaint. In a criminal case, the complainant is the person who was allegedly harmed by the defendant's actions. For example, if someone is accused of stealing a complainant's car, the complainant would be the car owner.
What are the most common legal terms?
- Action, Case, Suit. A legal dispute brought into court for a hearing or trial.
- Answer. ...
- Acquit. ...
- Cause of Action. ...
- Challenge for Cause. ...
- Closing Argument. ...
- Complaint. ...
- Counterclaim.
Can I sue after being found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.
What happens if someone does not respond to a complaint?
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
Is it plaintiff or complainant?
As a Plaintiff, I sued someone in civil court, for a civil wrong. As a Complainant, I filed a complaint (and a suit) against someone for a criminal wrong. Examples: I was a Plaintiff when trying to have a tenant pay the rent they owed. I was a Complainant in an ADA lawsuit.
What do you call a person who is being complained about?
complainee (plural complainees) One who is complained about; the subject of a complaint.
What does "plaintiff" mean in law?
plaintiff. n. the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.
What is the simple meaning of complainant?
a person, group, or company that makes a complaint, as in a legal action.
What do you call a person who complains a lot?
Definitions of complainer. noun. a person given to excessive complaints and crying and whining. synonyms: bellyacher, crybaby, grumbler, moaner, sniveller, squawker, whiner.
Can you sue someone who keeps suing you?
If someone has filed a frivolous lawsuit against you, meaning one without any legal merit or basis, you may be able to sue them for wrongful litigation. To do so, you must demonstrate that they knew their claims were baseless but proceeded with the lawsuit anyway.
Does a victim have to appear in court?
According to California Civil Code Section 1219, victims are not obligated to testify, and they are exempt from contempt charges for refusing to do so. However, there may be consequences such as minor fees or community service if the victim refuses a subpoena.
Is the defendant liable to the plaintiff?
Plaintiff's damage must be caused by the defendant's breach of duty and not due to any other cause. Even if the damage is caused by the defendant's breach of duty, the defendant will not be liable if the damage is too remote a consequence of it, or it may be case of contributory negligence.