Legal Dictionary

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Defendant in Error

The defendant in error is the party against whom a petition for a writ of error has been filed. The party who files a petition for a writ of error is called the “plaintiff in error.” The plaintiff in error files a petition for a writ of error because he or she believes that the trial court has made an error of law and the judgment should be reversed. When the appellate court issues a judgment in favor of the defendant in error, the original judgment is not reversed.