Definition
A defendant is the party against whom a lawsuit is filed in a civil case, or the person accused of a crime in a criminal case. The defendant must respond to the claims or charges and is entitled to defend against them. Unlike the plaintiff or prosecution, the defendant generally does not carry the burden of proof and is entitled to important procedural protections.
Legal Meaning
The defendant is the responding party in a legal dispute. In a civil case, the defendant is the person, business, or entity that the plaintiff has sued. The defendant receives the complaint and a summons, then must file a formal response—usually called an answer—within a set deadline. In a criminal case, the defendant is the person the government has charged with an offense; here the accusing party is the prosecution, not a plaintiff.
A central difference between civil and criminal cases is who must prove what. In both, the defendant does not have to prove innocence. The plaintiff (in a civil case) or the prosecution (in a criminal case) bears the burden of proof. In civil cases that standard is usually a preponderance of the evidence; in criminal cases the much higher beyond-a-reasonable-doubt standard applies. Understanding these differences is easier with our guide on civil vs. criminal cases.
Defendants are protected by due process under the Fifth and Fourteenth Amendments, which guarantees notice and a fair opportunity to be heard. Criminal defendants receive additional constitutional protections, including the presumption of innocence, the right to counsel, the right against self-incrimination, and protection against double jeopardy.
Key Points
- A defendant is the party sued in a civil case or charged in a criminal case
- The defendant must respond to the complaint, usually by filing an answer
- Defendants do not carry the burden of proof; the plaintiff or prosecution does
- Failing to respond can lead to a default judgment against the defendant
- A civil defendant may raise affirmative defenses or file a counterclaim
- Criminal defendants are presumed innocent and have constitutional protections
- Multiple defendants can be named, and liability may be shared or several
- Due process guarantees every defendant notice and a fair opportunity to be heard
Real-World Example
A contractor named Dev is sued by a homeowner who claims he installed a roof improperly, causing water damage. Dev is the defendant in this civil lawsuit. After being served, Dev files an answer denying that his work was faulty and raises an affirmative defense, arguing that the homeowner waited too long to sue under the statute of limitations.
Dev does not have to prove that his work was perfect. The homeowner, as the plaintiff, must prove by a preponderance of the evidence that Dev's negligence caused the damage. Because Dev raised the statute-of-limitations defense, however, he must prove that the lawsuit was filed after the deadline.
Defendant's Position: Civil vs. Criminal
| Feature | Civil Defendant | Criminal Defendant |
|---|---|---|
| Accusing party | Plaintiff (private party) | Prosecution (government) |
| Standard of proof against them | Preponderance of the evidence | Beyond a reasonable doubt |
| Right to free counsel | No (must hire own attorney) | Yes, if facing jail and unable to pay |
| Possible outcome | Money damages or court order | Fines, probation, or incarceration |
| Right to remain silent | Limited | Strong (Fifth Amendment) |
How a Defendant Responds
When served with a lawsuit, a defendant has several options, each with deadlines that must be met:
Filing an Answer
The most common response is an answer, in which the defendant admits or denies each allegation in the complaint and may raise affirmative defenses. Our guide on responding to a court summons explains the steps in detail.
Filing a Motion to Dismiss
Instead of (or before) answering, a defendant may ask the court to dismiss the case for reasons such as lack of jurisdiction, improper service, or failure to state a valid claim.
Filing a Counterclaim
If the defendant believes the plaintiff also caused them harm, the defendant can assert a counterclaim. For that claim, the defendant becomes the party seeking relief and carries the burden of proof.
Related Terms
Have You Been Sued or Charged?
Acting quickly protects your rights. A qualified attorney can help you respond before any deadline passes.
Find a Lawyer Near YouWhen You Need a Lawyer
If you are a defendant in any case, consulting an attorney promptly is one of the most important steps you can take. A lawyer can:
- Calculate your response deadline and prevent a default judgment
- Determine whether the case can be dismissed early
- Identify affirmative defenses and possible counterclaims
- Protect your constitutional rights in a criminal case
- Negotiate a settlement or plea where appropriate
In criminal cases involving possible jail time, you have the right to a court-appointed attorney if you cannot afford one. Learn more in our guide on how to choose a lawyer.
Frequently Asked Questions
What is a defendant in a court case?
A defendant is the party who is being sued in a civil case or accused of a crime in a criminal case. In a civil lawsuit, the defendant must respond to the plaintiff's complaint. In a criminal case, the defendant is the person the government has charged with a crime and is presumed innocent until proven guilty.
What rights does a defendant have?
A civil defendant has the right to notice of the claims, to respond, to conduct discovery, and to a fair hearing under the guarantee of due process. A criminal defendant has additional constitutional protections, including the presumption of innocence, the right to remain silent, the right to an attorney, and the right to require the prosecution to prove guilt beyond a reasonable doubt.
What happens if a defendant ignores a lawsuit?
If a defendant fails to respond within the deadline after being served, the court can enter a default judgment in favor of the plaintiff. This means the plaintiff may win automatically and obtain the relief requested without the defendant ever presenting a defense. Because of this, a defendant should never ignore a summons or complaint.
Can a defendant sue the plaintiff back?
Yes. A defendant can file a counterclaim against the plaintiff if the defendant believes the plaintiff also caused them harm or owes them something. When a defendant files a counterclaim, the roles partly reverse for that claim: the defendant becomes the claiming party and the plaintiff must defend against it.
Does a defendant have to prove they are innocent?
No. In a criminal case, the defendant does not have to prove innocence; the prosecution must prove guilt beyond a reasonable doubt. In a civil case, the plaintiff carries the burden of proof, though a defendant who raises an affirmative defense, such as self-defense or the statute of limitations, generally must prove that defense.