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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.
After a summons with notice or summons and complaint are served, a defendant must. respond in writing within a limited period of time. The response is sent to the plaintiffâs attorney or. directly to the plaintiff if the plaintiff is unrepresented. The written response must be made within. 20 days of personal service, or within 30 days of the time when service by any other means is.