By going to court with claims against the other party, a person receives the status of a plaintiff. The current legislation endows him with a number of rights, which it is important to properly dispose of during the trial.
What are the names of the parties to the litigation
In most civil and commercial cases, the parties to the dispute are the plaintiff and the defendant. Civil plaintiffs and defendants can also take part in criminal proceedings in the framework of claims for compensation for damage caused by a crime. The plaintiff and the defendant are referred to as parties in the framework of the action, that is, when there is a dispute about the right. In other categories of cases, the parties may be named differently. So, the recoverer and the debtor participate in the order production. In cases arising from public relations and special proceedings, the initiator of the appeal to the court is the applicant.
The plaintiff is a person (legal or natural) who applies to the court for the protection of his violated, disputed or unrecognized rights or interests. Also, plaintiffs include those in whose interests a claim is filed by third parties. In turn, the defendants are those to whom the claims are addressed.
Within the framework of one dispute, there can be both several plaintiffs, and 2 or more defendants. This is called procedural complicity. For example, one plaintiff can sue several defendants at once. Likewise, multiple plaintiffs can jointly file a claim against a single defendant.
What rights does the plaintiff have
Before the start of the trial, the court explains to the parties the rights and obligations. After that, the court must make sure that their content is clear to the parties and does not need additional clarification.
The plaintiff, as a party to the case, has a number of procedural rights. So, he can change the subject and grounds of the claim, refuse it, or increase or decrease the claim. The change in the subject matter of the claim will take place when the essence of the claim changes significantly. For example, the original debt collection requirements are replaced by the transfer of property. The grounds for the claim change in connection with the revision of the arguments on which the claims were originally substantiated. At the same time, the requirements themselves remain unchanged.
The plaintiff can initiate the conclusion of an amicable agreement between the parties. It is understood as a document in which the parties stipulate the procedure for the settlement of mutual claims. From the moment the court approves the amicable agreement, the proceedings on the case shall be terminated.
The plaintiff also has many other rights. He can appear in court in person or through his representative, give oral or written explanations on the essence of the dispute, file motions and challenges, provide evidence and participate in their research. In terms of obtaining new evidence, the plaintiff can raise the issue of their demand by the court. In addition, the plaintiff has the right to familiarize himself with all the materials of the case and make extracts and copies of them, including with the help of technical means.
If the plaintiff does not agree with the decision, then he further has the right to appeal against it in the appeal and cassation procedure, as well as to seek its revision in another way established by law.
