Litigant

What is a Litigant?

A litigant is someone engaged in a lawsuit; an encompassing term for either the defendant or the plaintiff. It does not include a witness or attorney but can include a co-defendant or co-plaintiff.

According to Black’s Law Dictionary, a litigant is defined as “a party to a lawsuit; one engaged in litigation.” While this may seem obvious, it is important to note this does not include lawyers, witnesses, or anyone else involved in the legal process, only the plaintiff(s) or defendant(s).

Litigants are expected to actively participate in the trial, and are entitled to  specific rights such as a fair trial and due process, as well as responsibilities, such as complying with court orders and procedural rules. For example, in Civil litigation an injured party (plaintiff) and the person or entity alleged to have caused the injury (defendant) are litigants. Understanding the role of litigants is essential for navigating the judicial system and ensuring effective participation in legal proceedings. Litigants play a crucial part in presenting their cases, advocating for their rights, and seeking justice through the legal process.

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