10.2 Parties and People in Proceedings

Party titles

A plaintiff initiates many civil actions against a defendant. A petitioner requests relief in proceedings such as family, probate, immigration, or special writ matters; the opposing party may be a respondent. A claimant asserts a claim in arbitration, benefits, workers' compensation, or another forum. In criminal court the government may be identified as the United States, state, commonwealth, people, or prosecution, and the accused is the defendant.

Other contexts use debtor/creditor, appellant/appellee, applicant/agency, landlord/tenant, employer/employee, or insured/insurer. The caption and governing forum control. One person may have multiple roles—for example, a corporate representative can also testify as a witness. Annotate the role active at that moment.

Judicial and administrative roles

• Judge/magistrate judge/commissioner/hearing officer: presides and makes authorized rulings within the forum.
• Clerk or courtroom deputy: manages docket, files, exhibits, minutes, and courtroom administration as assigned.
• Bailiff/court security officer: maintains security, order, and jury movement.
• Jury: finds facts and returns a verdict when applicable.
• Arbitrator: private neutral who decides an arbitration.
• Mediator: facilitates settlement and ordinarily does not decide the merits.

Do not use “judge” for every neutral. Correct role names matter in the record.

Attorneys and participants

An attorney advocates for a party; lead, co-counsel, local counsel, and pro hac vice counsel may appear together. A prosecutor represents the government in a criminal case. Public defenders or appointed counsel represent eligible defendants. A guardian ad litem or similar officer represents an assigned interest under court order, not necessarily every preference of the person involved.

A self-represented or pro se party acts without counsel. The reporter provides the same neutral process explanations but no legal advice.

Witnesses provide testimony. Interpreters render communication. Experts may offer specialized opinions if permitted. A legal videographer creates a video record. The reporter captures the designated record and remains separate from every advocate.

“Also present”

Observers, support staff, case managers, investigators, paralegals, family members, technical personnel, and representatives may attend without speaking. Record appearances according to the forum. Do not identify an observer as counsel or a party without confirmation. If an unidentified voice enters, ask for identification under protocol.

Remote display names can be stale or false. Obtain oral confirmation and required spelling. A telephone number is not a participant name.

Role changes and substitutions

Counsel can substitute, witnesses can be recalled, interpreters can change, and a different judge may handle a later session. Mark the transition and time. Do not carry yesterday's appearance list forward without verification. If a participant represents an organization, distinguish the individual speaker from the entity party.

Speaker labels

Use labels that are unique and meaningful. MR. LEE and MS. LEE may be insufficient when several people share a surname; follow format rules and maintain a mapping. Judicial titles, party roles, and witness labels should not shift arbitrarily. Correct a mislabeled annotation through the approved audit process.

Reporter interactions

Take procedural direction from the person authorized for that issue. A clerk may direct exhibit handoff; the judge determines record status; counsel may provide spellings; a host may control platform admission. One person's authority in a domain does not make that person universal. If instructions conflict, preserve the record and seek clarification from the presiding authority.

Exam method

Identify both role and forum before selecting an answer. A mediator does not issue a criminal sentence, a bailiff does not rule on an objection, counsel does not unilaterally decide admission, and the reporter does not advise a party. Accurate role boundaries prevent both legal and recording errors.

Exam application

In a remote hearing, a screen label says “Alex Lee,” but two attorneys share that name and an anonymous phone caller also speaks. Stop relying on the display label. Obtain role and identity under protocol, use distinct annotations, and update the channel map. If counsel substitutes mid-session, mark the transition rather than overwriting the earlier appearance. Speaker identity is part of an accurate record, and ambiguity should be resolved while participants and the presiding authority can still clarify it.

Review checkpoint

Create a role map before a complex hearing: presiding official, clerk, counsel by party, parties, witnesses, interpreter, videographer, and other speakers. Match each role to its source or channel and authorized function.

When a person changes roles, make the change explicit. An attorney can become a witness; a corporate party speaks through an individual; an observer can later enter an appearance. Do not let one convenient label conceal the new role. Correct labels help the transcriber and prevent a later reader from attributing testimony to an advocate or a ruling to administrative staff.