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The resolution of this dispute can vary depending on where the suit is filed. As a general rule, however, it has been the authors experience that the defendant is entitled to depose the plaintiff first in a Bad Faith/Fraud suit, regardless of who asked first.
What is a plaintiff?
The side bringing the case is the side that bears the burden of proof, and thus always goes first.
Who is plaintiff in simple terms?
The Plaintiff is the person who files the case with the court. The Defendant is the person who the Plaintiff is filing a complaint against.
What is a plaintiff vs defendant?
In a courtroom, the plaintiff is the person or group who is accusing another person or group of some wrongdoing. If youre the plaintiff, you are claiming that a law was broken, and youre in court to present your case. The plaintiff accuses, the defendant tries to prove that accusation wrong.
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The Process. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and serves a copy of the complaint on the defendant.
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