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Prevailing Party |
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The litigant who successfully brings or defends an action and, as a result, receives a favorable judgment or verdict. prevailing party n. the winner in a lawsuit. Many contracts, leases, mortgages, deeds of trust, or promissory notes provide that the "prevailing party" shall be entitled to recovery of attorney's fees and costs if legal action must be taken to enforce the agreement. Even if the plaintiff gets much less than the claim, he/she/it is the prevailing party entitled to include attorney's fees in the collectable costs. Usually there is no prevailing party when a complaint is voluntarily dismissed prior to trial or settlement before or after trial has begun. Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit the webmaster's page for free fun content. |
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