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Prevailing Party

Definition - What does Prevailing Party mean?

A prevailing party is the person, group, or organization that wins a lawsuit. This means that if a party is prosecuting the action, then it does so successfully. Or, it also means that if the party is defending against the legal action, then the party is found not guilty or is found to not owe any damages or face any legal consequences.

Justipedia explains Prevailing Party

The main purpose of trials is to find a prevailing party by getting to the bottom of the issue. This is done through the presentation of facts, the making of arguments, the interviewing and cross-examination of witnesses, etc. Ultimately, the judge or the jury decides which party prevails when all the arguments have been made.

Often, the prevailing party has a right to get compensation for the fees that must be paid to the party's lawyer. This is part of the benefit of being a prevailing party.

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