the plaintiff, that is the person filing the complaint against you.
by filing of a complaint by the plaintiff.
The "plaintiff" initiates a civil case against a "defendant", where as the government initiates a criminal case on behalf of the people of the United States.
The party that initiates the legal civil proceeding is the Plaintiff. The prosecution initiates the criminal proceedings.
List and briefly explain each of the major stages of a civil proceeding, including starting the case and pretrial, trial, and post-trial activities.
The party who initiates a civil suit is the plaintiff, this is the person who filed the complaint against you.
People go to court for one of three main reasons:In a criminal proceeding because they are accused of some crimeIn a civil proceeding because they are accused of some civil violation (violation of contract, negligent or intentional damage to property or character, etc.)Or they maybe forced to appear as a witness.
A plaintiff initiates a lawsuit against a defendant.
civil
The aggrieved party has top file a complaint the the EEOC and prsent evidence of the offense. This is a CIVIL proceeding and not a criminal proceeding.
If there are, in fact, both a criminal and a civil side to the incident, the criminal aspect will be handled first. The "state's" (i.e.: the "people's") interests in prosecuting a crime take precedence over the civil wrong against an individual. (Think the O.J. Simpson case.) Traditionally, the criminal matter will be decided first. This is primarily because proceeding with the civil case can prejudice a criminal defendant's rights. The civil case will wind up stalled because the criminal defendant can refuse to comply with civil discovery by asserting the right to remain silent. Admissions or statements given in a civil case could be employed against the criminal defendant. As a practical matter the civil case cannot proceed until there is a resolution of the criminal matter. For further information see the related links below.
Mr. Tom's lawyer have decided not to proceed with the case.
By use of the description "plaintiff" the questioner indicates that the case is a civil proceeding. In this instance if the plaintiff is opposed to a continuance they should object to the motion for continuance, then, it would be up to the judge to decide if the continuance was to be granted.
If the question is about someone being adjudged legally incompetent, then a conservator or guardian is named by the court to administer the individuals affairs and assets. If the question is about a plaintiff or a defendant in a civil case being found incompetent, it would mean that they were not legally liable for whatever the action (or lack of action) was that brought the case to court in the first place.
In civil court in the county where the debtor resides.