prevailing party

prevailing party
The party to a suit who successfully prosecutes the action or successfully defends against it, prevailing on the main issue, even though not necessarily to the extent of his original contention. The one in whose favor the decision or verdict is rendered and judgment entered. Jordan v. Elizabethan Manor, 181 Mont. 424, 593 P.2d 1049, 1055.
This may be the party prevailing in interest, and not necessarily the prevailing person. To be such does not depend upon the degree of success at different stages of the suit, but whether, at the end of the suit, or other proceeding, the party who has made a claim against the other, has successfully maintained it. As used in Federal Civil Procedure Rule 54(d), which provides that costs shall be allowed as of course to prevailing party unless court otherwise directs, "prevailing party" means a party who has obtained some relief in an action, even if that party has not sustained all of his or her claims. First Commodity Traders, Inc. v. Heinold Commodities, Inc., C.A.I11., 766 F.2d 1007, 1015.
The interpretation of this term is important as regards attorney fees in that by statute in certain cases (e.g., civil rights) attorney fees are awarded to the prevailing party.
See e.g., 42 U.S.C.A. No. 1988.

Black's law dictionary. . 1990.

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