Also known as:relators · relatrix · relatrices · informant
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
in civil litigation
The real party in interest in whose name a state or attorney general brings a lawsuit. In qui tam actions the relator initiates the suit on behalf of the government and may share in any recovery.
2
in extraordinary writ practice
The applicant who seeks a writ of mandamus, prohibition, or quo warranto in the name of the state.
3
as informer
A person who furnishes information on which a civil or criminal case is based.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in civil litigation
The real party in interest in whose name a state or attorney general brings a lawsuit. In qui tam actions the relator initiates the suit on behalf of the government and may share in any recovery.
Frequently Asked1
What distinguishes a relator from an ordinary informant in civil cases?+
A relator initiates a qui tam action in the government's name and may share in recovery. An ordinary informant merely supplies information without filing suit or claiming a share of proceeds.
Sense 2
2
in extraordinary writ practice
The applicant who seeks a writ of mandamus, prohibition, or quo warranto in the name of the state.
Frequently Asked1
When may a relator seek mandamus?+
A relator may seek mandamus when the real party in interest lacks capacity to sue in its own name and the writ is necessary to compel performance of a public duty.
Sense 3
3
as informer
A person who furnishes information on which a civil or criminal case is based.
Examples4
Direct Retrieval from Waistband
Rosa Ruiz provided police with specific information that Raymond Ramos carried a handgun in his waistband. An officer conducting a Terry stop reached directly into the waistband and recovered the weapon. The seizure was upheld because the informant's tip supplied the precise location of the suspected firearm.
Totality Test for Tip
Informant Renata Russo supplied details about drug activity at a warehouse. Officers corroborated travel logs and meeting times. The court found probable cause under the totality of circumstances even though the informant's past reliability was unproven.
Put it into practice
Test Yourself
7
Practice Questions2
Passive Cell Informant
After indictment, prosecutors placed informant Riley Rivera in Ryan Roberts's cell. Rivera listened but asked no questions. The court admitted Roberts's statements because the informant took no action deliberately designed to elicit incriminating remarks.
Active Elicitation by Paid Informant
The government paid informant Rhea Reynolds to share a cell with an indicted defendant. Reynolds asked pointed questions about the charged offense. The court suppressed the resulting statements because the informant deliberately elicited them after indictment.
Frequently Asked1
Does placement of a relator in a cell after indictment always violate the Sixth Amendment?+
No. The Sixth Amendment is violated only when the relator deliberately elicits statements rather than merely listening. Passive presence alone does not trigger suppression.
Constitutional LawFederal judicial power · Judicial authority to interpret the Constitution and lawsNEXTGENIntermediate