Party (law)

In a trial in each case several parties are represented.

In civil proceedings, these are regularly the plaintiff and the defendant, as in litigation before the administrative courts, social courts and labor courts.

However, in a number of special forms of procedure also other names. Among other things, in family matters, in enforcement proceedings, the legal aid process in the division and in the auction belonging to voluntary jurisdiction proceedings, the parties are referred to as applicant and respondent.

On appeal, the parties are referred to as complainant and respondent on appeal as appellant and Appellee, on appeal as appellant and revision Defendant. In the process of a preliminary injunction are the names of plaintiff and defendant provided in attachment proceedings, the designations arrest plaintiff and arrest Defendant usual.

Additionally, the legal representative of a party - such as the custodial parent of a minor or the director of a GmbH - be regarded as a party and therefore can not be heard as witnesses.

In enforcement proceedings are the creditor and the debtor party.

In foreclosure proceedings after the BMA, in addition to the creditor and the debtor and the owner ( if the owner and debtor are different persons ), the proprietor of rights to the property ( for example, right of way over ground lease), the tenant and the parties who sign a right party to the proceedings.

In Criminal Procedure, the party against whom the proceeding is governed, depending on stage of the proceedings the accused, the accused, defendant or convicted person, in administrative proceedings and in the placement procedure is called affected.