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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.
A person charged with a criminal or traffic offense is called the defendant. A defendant is typically called upon to enter a plea at arraignment, which is the personâs first appearance in court. The defendant can choose from the pleas of guilty, not guilty, not guilty by reason of insanity, and nolo contendere (no contest). Entering a plea refers to the judgeâs act of formally noting a defendantâs plea, or âenteringâ it, in the courtâs official file.