Legal Definitions - defendant in error

The term defendant in error is an older, somewhat archaic legal term used in appellate courts. It refers to the party who won their case in the lower court and is now defending that victory against an appeal. In modern legal language, this party is more commonly called the appellee or respondent.

Essentially, the defendant in error is the party against whom an appeal has been filed. The appealing party (historically called the "plaintiff in error," and now more commonly the "appellant") believes the lower court made a mistake ("error") in favor of the defendant in error, and is asking a higher court to correct that alleged mistake.

• Example 1: A Personal Injury Lawsuit

  Imagine a scenario where Ms. Davis sued Mr. Miller for negligence after a car accident, and the trial court ruled in favor of Ms. Davis, awarding her damages. Mr. Miller believes the judge made a legal error in the trial and decides to appeal the decision to a higher court.

  In this appeal, Mr. Miller is the appealing party (the appellant). Ms. Davis, having won in the lower court and now defending that judgment, would historically be referred to as the defendant in error. She is the party responding to the appeal, defending the correctness of the lower court's ruling in her favor.

• Example 2: A Business Contract Dispute

  Consider a case where "Tech Solutions Inc." sued "Global Innovations Corp." for breach of a software development contract. The trial court found in favor of Global Innovations Corp., dismissing Tech Solutions Inc.'s claims. Tech Solutions Inc. then decides to appeal this decision, arguing the trial court misinterpreted the contract terms.

  Here, Tech Solutions Inc. is the party bringing the appeal (the appellant). Global Innovations Corp., which prevailed in the initial lawsuit and is now defending the lower court's judgment, would be the defendant in error. They are the party against whom the appeal is directed, seeking to uphold the favorable decision they received.

• Example 3: A Challenge to an Administrative Ruling

  Suppose a local environmental group challenged a permit granted by a city planning commission to "Mega Development LLC." An administrative court reviewed the commission's decision and upheld the permit, allowing Mega Development LLC. to proceed with its project. The environmental group then appeals this administrative court's ruling to a state appellate court.

  In this appellate proceeding, the environmental group is the appellant. Mega Development LLC., having won in the administrative court and now seeking to maintain that favorable decision, would be considered the defendant in error. They are the party defending the lower court's judgment against the environmental group's claims of error.