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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.
In England and Wales, the term Claimant replaced Plaintiff after the Civil Procedure Rules 1998 came into force on 26 April 1999. In Scottish law a plaintiff is referred to as a pursuer and a defendant as a defender. Complainant may also denote the complaining witness in a criminal proceeding. In Hong Kong, Canada and the United States, as well as in both Northern Ireland and the Republic of Ireland, the legal term plaintiff is still in use.