US versus UK: PLAINTIFF (US) vs CLAIMANT (UK)
ENG: the party who initiates (starts) a civil lawsuit
In 1999, after the Civil Procedure Rules (1998) came into force, the term “claimant” replaced the term “plaintiff” in civil courts of England and Wales. The new term is believed to be less archaic and more understandable for non-professionals.
to COME INTO FORCE – wchodzić w życie (to start to have legal force and effect)
(1) In most English speaking jurisdictions, including Hong Kong, Nigeria, Australia, Canada and the United States, as well as in both Northern Ireland and the Republic of Ireland, the legal term "plaintiff" is still in use, as a general term for the party taking action in a civil case.
a JURISDICTION – obszar właściwości, jurysdykcja (a territory over which a specific court has the authority to hear a case)
to TAKE (LEGAL) ACTION – pozywać (to take to court, to sue)
(2) The move, which brings England and Wales out of line with general usage in English-speaking jurisdictions, was reportedly based on an assessment that the word "claimant" is more acceptable as "plain English" than the word "plaintiff"
(3) But plain English, rather than the old-fashioned legal expressions, will be used:
- "Plaintiff" changes to "claimant"
- "Writ" changes to "claim form"
- (…) "motion" changes to "application"
- "Minor" or "infant" changes to "child"
- "Subpoena" changes to "witness summons"
- "Inter partes" changes to "with notice"
- "Ex parte" changes to "without notice"
- "Taxing master" changes to "costs judge"
a(n) (INITIAL) WRIT – pozew/ powiadomienie o wytoczeniu powództwa (a legal document that tells a person about a lawsuit that has been filed against them, including details of the claim and when and where the case will be held)
a CLAIM FORM – formularz pozwu (a form with boxes for the claimant to fill about his case)
a MOTION/ (APPLICATION (UK) – wniosek (an application made to a court or judge in relation to a particular issue during a lawsuit)
a MINOR – nieletni (someone who is too young to have the legal responsibilities of an adult)
a SUBPOENA/ (WITNESS) SUMMONS (UK) – wezwanie do sądu (świadka) (an order requiring a person (a witness) to appear in court)
INTER PARTES/ WITH NOTICE – przy udziale obu stron (a hearing at which all parties relevant to the application are present and make representations to the court)
EX PARTE/ WITHOUT NOTICE – przy udziale jednej strony (an attorney's communication with a judge (the other party is not represented))
a COSTS JUDGE – sędzia ustalający podział kosztów procesu (a judge who makes the assessment of costs which are recoverable from a litigant by another litigant or by a lawyer)