Defendant

The defendant in a civil lawsuit is a person for whom civil action is being taken against. Allegedly, this person has harmed the plaintiff in some way, either through negligence, wrongdoing, or by accident, and therefore is responsible for compensating the plaintiff. Unlike in a criminal lawsuit, the defendant in a civil lawsuit does not possess the burden of proof — the burden is on the plaintiff. Nonetheless, it is important that the defendant takes the right actions in their defense, specifically in case they are not responsible for paying damages to the plaintiff. Once the defendant has been served, there are a number of actions they must consider — responding to the court, making a settlement, and then pursing the case in court with a lawyer. At some point, the defendant might also need to consider the possibility of filing a counter lawsuit, against the plaintiff, provided the defendant does not believe they were responsible for damages.

Fast Facts

  • the person suing the defendant is the plaintiff
  • in a criminal lawsuit, the defendant has the burden of proof
  • defendants can sue for malicious prosecution if a baseless case has been filed against them

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