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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.
Once the Summons and Complaint have been served, the defendant usually only has 20 days to respond by serving a written Answer on the plaintiff. A phone call to the plaintiff or plaintiff's attorney does not meet the requirements for an Answer under the rules. See Rule 5.02 of the MN Rules of Civil Procedure. The defendant can call the plaintiff's attorney to ask for more time to serve an Answer, but the plaintiff might not agree to more time.