Parties To A Legal Action

Co-Defendant

Co-Defendant is when there is more than one defendant.

Counter Claimant

Counter Claimant is the party filing a counterclaim. Usually an original defendant. Defendant/Counter Claimant in subsequent pleadings and motions.

Counter Defendant

Counter Defendant is the party against whom the counterclaim is brought. Usually the original plaintiff. Plaintiff/Counter Defendant is subsequent pleadings and motions.

Counterclaim

Counterclaim is a claim by a defendant against the plaintiff.

Cross Claim

Cross Claim is made by one defendant against a co-defendant.

Cross Claimant

Cross Claimant is the party initiating the cross claim. Defendant/Cross Claimant in subsequent pleadings and motions.

Cross Defendant

Cross Defendant is the party against whom a cross claim is made. Defendant/Cross Defendant in subsequent pleadings and motions.

Defendant

Defendant is the party against whom the suit is brought.

Plaintiff

Plaintiff is the party initiating the suit, the party making the initial allegations.

Third Party Complaint

Third Party Complaint brings in a whole new party to the action. A Third Party Complaint requires the same service obligations that is required of the original complaint. Summons, certificate of service, etc. This document must be served by a process server.

Third Party Defendant

Third Party Defendant is usually a new party to the action that has been served with a Third Party Complaint. Defendant/Third Party in subsequent pleadings and motions, assuming the plaintiff amends his or her complaint.

Third Party Plaintiff

Third Party Plaintiff is the party filing the Third Party Complaint. Defendant/Third Party Plaintiff in subsequent pleadings and motions.