Does a plaintiff always remain a plaintiff under the same cause number?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a plaintiff always remain a plaintiff under the same cause number?
I was involved in a cause for back taxes. I am now filing for a motion for release of excess funds. Am I still the defendant as long as all motions are under the same cause? Or do I fill out forms as plaintiff since this is a new motion? I am needing to send out notifications of trial setting.
Asked on March 16, 2012 under Real Estate Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A person may actually have a couple of titles during a lawsuit--but will usually mean the same thing and don't usually change. If you started out as a defendant or respondent, and countered with your own lawsuit, could be considered a counter-petitioner. For what you are describing, you would use the title defendant or movant, unless you filed a some type of countersuit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.