Pleadings, Plaintiffs, and Defendants: How a Lawsuit Officially Begins
This is the second article in our civil litigation series, where we help business owners understand how lawsuits actually work and how to respond without panic. In our last article, we broke down the Summons and the Complaint, two documents that mark the formal beginning of a civil lawsuit. If you're unsure what those legal papers mean or what to do after receiving them, you may want to start here before reading on.
Today, we’re building on that foundation by taking a closer look at pleadings: the formal written documents that shape a lawsuit from start to finish. We’ll walk you through what a pleading is, who files them, and how these legal documents define the roles of the plaintiff, the defendant, and even a third party like a nominal defendant. Keep reading for a real-world understanding of how most civil cases move forward and how to protect your business from common missteps in the legal process.
Who’s Who in a Lawsuit: Plaintiff, Defendant, and Nominal Defendant
Before we break down what a pleading is, it helps to understand who the key players are. In most civil lawsuits, there are three main parties. Each one plays a different role in how legal pleadings are filed, responded to, and interpreted in court. Knowing who’s who will make it easier to understand which party files which document, and why it matters.
Who is the defendant?
If you received the Summons and Complaint, you’re the defendant. You’re the party being sued. If your business has been named in the lawsuit, you’re now legally required to respond, usually by filing a formal written document such as an answer, pleading, or a motion. That deadline will be listed in the Summons, and missing it can lead to a default judgment. But you’re not limited to just denying the plaintiff’s claims. You may also assert affirmative defenses, file a counterclaim if the other party caused harm, or bring in others through a third-party complaint if legal responsibility is shared.Who is the nominal defendant?
In some civil lawsuits, a party is named as a nominal defendant, not because they did anything wrong, but because they hold something the court might need to address. That “something” is often financial or administrative. For example, a bank might be listed because it holds disputed funds, and the court may need to issue orders to freeze or release those assets. In other cases, a company or trust might be named simply because it controls property or rights tied to the case.Who is the plaintiff?
The plaintiff is the opposing party suing you. In a civil lawsuit, this is the person or business that filed the complaint, the first pleading we’ll talk more about later. The plaintiff believes they’ve been wronged, whether financially, contractually, or through some other harm, and they’re asking the court for a specific remedy. That might be money, property, or a court order to stop your business from doing something.
What Is a Pleading in a Lawsuit?
Now that you know who the players are, you can start to understand how lawsuits actually move. That movement begins with pleadings: the formal written statements each side files to tell their version of the story and shape the case. A pleading is a formal written document filed with the court, and it must follow specific court rules regarding structure, timing, and content. It’s how each party makes claims, responds to allegations, raises defenses, or requests action from the court.
To see the types of pleadings and how they work in a real case, let’s look at a common scenario. A and B are both business owners. A believes B breached a contract and caused financial harm, so A decides to sue. A becomes the plaintiff. B is now the defendant. From here, each pleading filed shapes the path forward, claim by claim, response by response.
What Is the Plaintiff’s Complaint?
The first move belongs to A. As the plaintiff, A, files a document called the complaint. This is the first pleading in most civil lawsuits. It explains what happened, what laws or agreements were allegedly violated, and what kind of relief A is asking the court to provide. That could be money, property, or an order requiring B to stop doing something.
The complaint also lays out why the court has jurisdiction and who the parties are. If new facts or claims come to light later, the plaintiff may file an amended complaint, a revised version that updates or expands the original pleading.
What Is the Defendant’s Answer?
Once A files the complaint, A serves B, our defendant, with both the complaint and a summons. That summons includes a strict deadline for response. At this point, B has a decision to make: either file an answer to the plaintiff's written response, called an answer pleading, or file a motion, such as a motion to dismiss.
In their answer, the defendant alleges either factual denials, legal defenses, or alternative explanations for what happened. We’ll break down what an answer looks like and how to use it in a later article in this series.
What Is the Plaintiff’s Reply to an Answer?
Once B, our defendant, files their answer, the case usually shifts to motions and discovery. But in some situations, A, the plaintiff, may want to respond again. For example, A may want to clarify or to respond to an affirmative defense or a counterclaim. That’s when a reply to an answer comes in. This pleading is permitted if B filed a counterclaim; otherwise A must obtain the permission of the court to file it.
What Is the Answer to a Counterclaim Pleading?
Sometimes the best defense is a good offense. If B, our defendant, believes that A, the original plaintiff, also caused harm, B can fight back right from the answer, our second pleading. This is called a counterclaim, and it’s filed as part of B’s response to the original complaint.
When that happens, A now has a new obligation: file a standalone pleading called an answer to counterclaim. This document gives A the chance to address each allegation one by one: admit, deny, or say they don’t have enough information. Just like that, the lawsuit now flows in two directions, and both parties are on the defensive.
What Is a Crossclaim?
Let’s say A sues both B and C. That makes B and C co-defendants. Now, imagine B believes C is partly at fault for the harm A is complaining about. B can raise that issue directly in a crossclaim, a formal accusation included within their answer to the original complaint.
That crossclaim triggers a new obligation. C, now facing allegations from their fellow defendant, must file a separate pleading known as an answer to crossclaim. This standalone pleading is C's chance to respond by either admitting, denying, or pushing back.
What Is the Defendant’s (Third-Party Plaintiff’s) Third-Party Complaint?
If B, our defendant, believes a third party — let’s call them D, a new individual who has not been named in the lawsuit — played a role in the harm A is claiming, B can bring that third party into the lawsuit. The tool for doing that is a third-party complaint, a standalone legal pleading that shifts some or all of the blame to D.
Once that third-party complaint is filed, the lawsuit gains a new layer. The original claim between A and B continues. But now, the court is also hearing a new claim: B (now acting as a third-party plaintiff) is suing D (the third-party defendant). It’s still one set of legal proceedings, just with more moving parts.
We’ll go deeper into how third-party complaints work in a future article. For now, what matters is this: if you’re a business owner facing a lawsuit and you believe someone else shares the blame, this procedural tool can shift some of the legal weight off your shoulders, if you use it right.
Takeaway for Business Owners
By now, you should feel more confident about what a pleading is in a civil lawsuit, who files each one, and how these legal documents guide the case forward. Each pleading filed shapes the road ahead, and knowing which party files what, and why, can give your business an edge when the legal process begins.
Are you wondering about any of the issues mentioned above? Please email us at Info@staturelegal.law or call (732) 320-9831 for assistance.
At Stature Legal, we give business owners the clarity they need to fund, grow, protect, and sell their businesses. We are trustworthy business advisors keeping your business on TRACK: Trustworthy. Reliable. Available. Caring. Knowledgeable.®
In our next article, we shift focus from the documents to the courtroom itself. Join us as we walk through how the courts in New Jersey are organized and what that means for your case.
FAQs
How Much Time Do I Have to Respond to a Summons and Complaint??
In New Jersey civil litigation, a defendant typically has 35 days from the date of service of the summons and complaint to respond. This response can be in the form of:
An Answer
A Motion to Dismiss
Or another responsive pleading
What Happens if I Miss the Deadline to Respond to a Summons and Complaint?
Maybe, but time is critical. If you miss the deadline, the court may enter a default judgment against you. That means the plaintiff can win automatically, often without another hearing. Call your lawyer immediately if you miss the deadline.
What if I Disagree With Part of the Complaint but Admit to Something Else?
That’s exactly what an answer pleading is for. In your answer, you respond to each paragraph in the complaint one by one. For each allegation, you can:
Admit it’s true
Deny it’s false
Say you don’t have enough information to admit or deny (used carefully)
Partial agreement is allowed, but each part must be clear. Never admit more than what’s accurate.
Do I Need a Lawyer to Write or File These Pleadings?
In business lawsuits, it’s always a smart move to be represented by experienced legal counsel. You can represent yourself if you’re an individual, but most courts don’t allow business entities to appear without a licensed attorney. Even where that’s permitted, pleadings follow strict rules. If you miss a step, like failing to respond to each paragraph or forgetting an affirmative defense, you could lose your right.