- party
- A person who has engaged in a transaction or made an agreement. UCC § 1-201(29). One of the opposing litigants in a judicial proceeding–a person seeking to establish a right or one upon whom it is sought to impose a corresponding duty or liability, including any person by whom or against whom a suit, either at law or in equity, is brought. 39 Am J1st Parties § 4. For the purposes of a right to appeal, persons named as parties in the original pleadings and persons who subsequently come or are brought into the action for the purpose of seeking relief or of being subjected to relief. 4 Am J2d A & E §§ 174, 175. For some purposes, a person interested in the litigation, as well as a party of record, for example, the disqualification of a judge. Anno: 10 ALR2d 1312, or incompetency to testify to a transaction had with a person since deceased. 58 Am J1st Witn § 283. For the purpose of the rule of res judicata, any person who has a direct interest in the subject matter of the suit and has a right to control the proceedings, defend, examine the witnesses, and appeal if an appeal lies. Vane v C. Hoffberger Co. 196 Md 450, 77 A2d 152, 22 ALR2d 1450. As to who is a party for the purposes of the application of a statute or rule of practice authorizing a physical or mental examination of a party. 23 Am J2d Dep § 226. See indispensable party; necessary party; political party; proper party.
Ballentine's law dictionary. Anderson, W.S.. 1998.