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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.
The plaintiff (the person who is suing) files a complaint with the court and a summons is issued. A âcomplaintâ is a legal document setting forth plaintiffâs claim for damages. Plaintiff has 60 days to serve the complaint once it is filed. The court randomly selects a judge who will preside over most aspects of the case. The defendant is served with the summons and complaint. Defendant (the person or entity being sued) must respond to the complaint within 30 days of service.