Definition of a Petitioner & Respondent in a Legal Document
You were just served with court papers but you don't know what they mean. The court papers refer to people known as "petitioner" and "respondent," but you don't know who those people are. Court documents have a unique language that can sometimes cause confusion.
Other People Are Reading
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Function
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To begin court proceedings, a complaint or petition must be filed with the court. In criminal proceedings, the district attorney files the complaint. In civil court, the person who wants to sue someone files the complaint.
Identification
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In most civil cases, the person filing a lawsuit is called the plaintiff and the person being sued is called the defendant. When you file suit to modify a court order like a divorce or custody order, you file a petition to modify. The person who files the petition is called the petitioner and other party is called the respondent.
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Effects
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The petitioner asks the court to modify an existing court order. The petitioner usually claims that circumstances have changed and a modification is necessary. The respondent must reply to the court explaining either that the circumstances have not changed or that modification is unwarranted even in light of changed circumstances.
Expert Insight
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Petitioner and respondent are simply legal terms recognized by the court. They are used in place of the names of the parties to simplify matters for the court. If all legal documents contained only the parties' names, court personnel might become confused about the legal standing and legal positions of the parties.
Warning
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You have the right to represent yourself in court. However, legal proceedings can be quite complicated. Legal papers must be in a certain form to be accepted by the court. Deadlines are strictly enforced. You should consult an attorney if you need to modify a court order or if you are served with a lawsuit or a modification.
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