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No. Whoever files first is the Plaintiff. If the Defendant then chooses to "cross-sue", the Defendant will still be the defendant on the pleadings even though by virtue thereof, the defendant has launched what is called a counter-claim. In such a scenario, the Defendant will have to defend the Plaintiff's claim, and progress the counter-claim ---- in the same way the plaintiff will need to progress its claim as Plaintiff (and yes, in the same way, the Plaintiff will have to defend the counter-claim launched by the Defendant).
By way of additional info, note that the "whoever files first" rule is generally applied to "fix" jurisdiction too. Although the general rule is that the Defendant should be sued in its own jurisdiction, rules modify this basic approach, most often by way of the applicable treaty (e.g. by "special jurisdiction" and "exclusive jurisdiction") and thus by such rules, often the plaintiff is able to sue in its own jurisdiction. Therefore if both potential parties believe they have a claim against the other, where the rules allow for the jurisdiction to be in the plaintiff's own, then it works on a "first come first served basis.
What else can I help you with?
What is a defendant in a civil action called?
plaintiff
What are the name of the parties in a civil trial?
Plaintiff/Defendant
What do plaintiff law firms do?
They represent the plaintiff in civil cases against the defendant/respondant.
Can the plaintiff serve the defendant in a legal case?
Yes, the plaintiff can serve the defendant in a legal case by delivering the necessary legal documents to the defendant in accordance with the rules of civil procedure.
What are the parties in dispute?
It depends on what kind of case it is. In a criminal case the parties are called prosecutor and defendant; in a civil case they are the plaintiff and the defendant; and in family law they are the petitioner and respondent.
In a Civil Case the party who brings a case against a Defendant is called?
In a criminal case it is the accuser. In a civil case - think Judge Judy - it is the Plaintiff
A person who files or begins a civil lawsuit is called?
A plaintiff initiates a lawsuit against a defendant.
Who were the plaitif and defendant?
the "PLAINTIFF" is the person or party that brings suit against the "DEFENDANT." The term "plaintiff" is applicable only when referring to civil lawsuits otherwise (in criminal law) the plaintiff is referred to as the "PROSECUTION."
Plaintiff did not appear for civil court defendant won can plaintiff refile for another meeting in court?
wont' that be an appeal?
Who is the plaintiff in civil case?
The plaintiff is the person who brings or files the suit. The person who gets sued is the respondent or defendant .
What are two sides called in a civil case?
In a civil case, the two sides are referred to as the plaintiff and the defendant. The plaintiff is the party that brings the lawsuit, seeking relief or damages for a perceived wrong, while the defendant is the party being accused or sued, who responds to the plaintiff's claims.
Who are plaintiff and the defendant in a civil action?
The plaintiff is the party who initiates a civil lawsuit by filing a complaint, seeking a legal remedy for a perceived wrongdoing. The defendant is the party who is being sued or accused of the wrongdoing, and must respond to the allegations in court.
