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Commonly Asked Questions about Plaintiff or Defendant forms

Information for Plaintiffs/Petitioners When you file a lawsuit, you will usually file a petition or a complaint. You also will almost always need a summons. And, in most civil cases, you will need a Civil Case Cover Sheet (Form CM-010).
The technical legal word for the people who are part of a court case and have a right to ask the court to make a decision on a dispute. At the trial level, the parties are typically called the plaintiff or petitioner and the defendant or respondent. On appeal, parties are called the appellant and appellee.
Petitioner refers to the party who petitioned the Supreme Court to review the case. This party is variously known as the petitioner or the appellant. Respondent refers to the party being sued or tried and is also known as the appellee.
PLAINTIFF - The Plaintiff is the person initiating a claim in a civil case. DEFENDANT - The Defendant is the person being sued in a civil case, or the person who has been charged with a crime/driving offense in a criminal case.
(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the v is the defendant. If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.
appeal - A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is to appeal or to take an appeal. Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant.
When a legal appeal is in process, appellant refers to the party who is appealing, and the appellee refers to the party defending against the appeal. For example, if you appealed a decision by your local court to the state supreme court, you would be the appellant and the local court would be the appellee.