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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.
Civil defendants[edit] In a civil lawsuit, a defendant (or a respondent) is also the accused party, although not of an offense, but of a civil wrong (a tort or a breach of contract, for instance). The person who starts the civil action through filing a complaint is referred to as the plaintiff. Defendants in civil actions usually make their first court appearance voluntarily in response to a summons. Historically, civil defendants could be taken into custody under a writ of Caspian ad respondent.