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The role of the defendant is drastically different, however. In a lawsuit, the defendantâs aim is to disprove the allegations against him. A major difference between a plaintiff and a defendant is that the plaintiff must present a case. Technically, a defendant could remain silent in a lawsuit and merely leave the burden on the plaintiff. For a defendant to proceed through a lawsuit without presenting any evidence or arguments is not a common strategy.
In a case where there is more than one plaintiff or more than one defendant, diversity of citizenship does not mean that one plaintiff must be a citizen of a different state than one defendant. All of the plaintiffsâ citizenships must be different from all of the defendantsâ citizenships.ven if the defendant raises a question of federal law, for example, in its answer, if such a question is not raised in the complaint, the court does not gain subject matter jurisdiction on the basis of the defendantâs answer.