New York City Process Server Practice Test

1 / 400

Who typically files a complaint in a civil case?

The defendant

The plaintiff

In a civil case, the person who typically files a complaint is known as the plaintiff. The complaint is a formal legal document submitted to the court, outlining the plaintiff's claims against the defendant and detailing the relief or damages being sought. This process initiates the lawsuit and sets the stage for any subsequent legal proceedings.

The role of the plaintiff is crucial because they bear the responsibility of presenting their case and supporting evidence to prove their claims. They must clearly articulate their legal grievances and the basis for the court's jurisdiction over the matter. Once the complaint is filed, the defendant is served with the documents and has an opportunity to respond.

Understanding the role of the plaintiff is fundamental to grasping the structure of civil litigation, as it establishes who is seeking legal remedy and what issues will be addressed in court. This understanding also helps clarify why other options, like the defendant, judge, or witness, do not file the initial complaint in a civil case. The defendant typically responds to the complaint, the judge oversees the proceedings, and witnesses may provide testimony, but none of these roles involve initiating the case by filing the complaint.

Get further explanation with Examzify DeepDiveBeta

The judge

The witness

Next Question
Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy