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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.
An Answer is a written. response by the Defendant that (1) responds to each and every allegation (fact or claim) in the. Plaintiffâs Complaint and (2) raises any legal defenses, called âaffirmative defenses,â to the. allegation. In this Answer form, some instructions are provided in italics, but most of the Answer.