Does a plaintiff always remain a plaintiff under the same cause number?

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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 9 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. 


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