Appellant vs. Plaintiff — What's the Difference?

An appellant is involved in the appellate process, which is the stage following the initial trial where the focus is on reviewing the trial court's application of the law. This party believes the court made a legal error affecting the case's outcome. The appellant's role is to challenge the decision, aiming to have it overturned or modified by a higher court. Whereas a plaintiff is the party who brings a case to court in the first instance, claiming to have suffered a loss or injury due to the defendant's actions and seeking legal remedy such as damages or injunctive relief.

The appellant could have been either the plaintiff or the defendant in the original trial. The designation changes to "appellant" when they decide to appeal the trial court's decision. On the other hand, the plaintiff's role begins and primarily exists in the trial court, where they bear the burden of proof, meaning they must demonstrate to the court that their claims are valid based on the evidence and legal standards.

In appellate proceedings, the focus is not on presenting new evidence or re-evaluating factual determinations but on assessing whether the law was correctly interpreted and applied by the trial court. Conversely, the trial phase, where the plaintiff and defendant present their cases, involves fact-finding, evidence evaluation, and legal argumentation to establish the merits of the plaintiff's claims and the defendant's defenses.

The terms and procedures surrounding appellants and plaintiffs vary by jurisdiction but generally adhere to the principles of appellate and trial court systems, respectively. For example, in the U.S. legal system, the appellant must file a notice of appeal, outlining the legal grounds for the appeal, while the plaintiff initiates a case by filing a complaint and serving it to the defendant, thus beginning the legal process.

Appellate courts typically review cases for errors of law rather than errors of fact. This means that appellants argue that the trial court misapplied the law, made procedural errors, or both. Plaintiffs, however, are engaged in the process of proving their case based on the facts and applicable law, aiming to show that the defendant's actions warrant a legal remedy.