Legal Glossary
Defendant: Meaning in Civil and Criminal Cases
A defendant is the party sued in a civil case or the person accused in a criminal case. The label does not establish liability or guilt, but it creates important rights, duties, deadlines, and risks.
Written by The Law Basics Editorial Team
Reviewed under our Editorial Policy · Last updated: June 1, 2026 ·
10 min read
Quick definition
A defendant is the person or organization against whom a civil lawsuit is brought, or the person formally accused of a crime in a criminal case. Being named as a defendant is not the same as being found liable or guilty.
The term defendant is used in both civil and criminal cases, but the role is different in each. In a civil case, the defendant is the party against whom the plaintiff seeks relief. In a criminal case, the defendant is the person formally accused by the government.
The label is not a finding of wrongdoing. A civil defendant is not automatically liable, and a criminal defendant is presumed innocent unless and until guilt is proved under the applicable standard.
What Does Defendant Mean?
| Context | Who the defendant is | What the opposing side seeks |
|---|---|---|
| Civil case | The person or entity sued by the plaintiff | A civil remedy such as money damages or an order |
| Criminal case | The person accused of an offense by the government | A conviction and criminal sentence |
| Appeal | The party responding to an appeal may be called appellee or respondent | Affirmance of the lower decision |
How Does a Defendant Learn About a Case?
In a civil case, the plaintiff generally must arrange legally valid service of the complaint and summons. Service rules vary and may require personal delivery, substituted service, certified mail, publication, waiver, or another authorized method.
In a criminal case, a person may be arrested, summoned, or brought before a court after charges are filed. The court explains the accusation and important rights at early proceedings.
What Should a Civil Defendant Do First?
Read every page
Identify the court, case number, parties, claims, hearing dates, and response deadline.
Preserve evidence
Keep contracts, messages, photographs, records, devices, and other relevant information.
Check service and jurisdiction
Procedural objections can be time-sensitive and may be lost if not raised correctly.
Prepare the proper response
An answer, motion, notice of appearance, or other filing may be required.
Get qualified help
A lawyer or legal-aid organization can assess defenses, counterclaims, settlement, and immediate risk.
What Is a Default Judgment?
If a civil defendant does not respond or appear as required, the plaintiff may ask for a default and then a default judgment. The court may grant relief without a contested trial, although the plaintiff may still need to establish damages or other requirements.
Do not ignore court papers. Even when the claim seems wrong, informal discussions with the plaintiff usually do not replace a court filing.
Rights of a Criminal Defendant
Defenses, Counterclaims and Other Responses
A defendant may deny allegations, argue that the law does not support the claim, raise affirmative defenses, challenge jurisdiction or service, seek dismissal, assert a counterclaim, bring in another responsible party, negotiate settlement, or proceed to trial. The available choices depend on the case.
Factual defense
The alleged event did not happen as claimed or the evidence is unreliable.
Legal defense
Even if facts are accepted, a legal rule bars or limits the claim or recovery.
Procedural defense
The case has a jurisdiction, service, pleading, deadline, or process problem.
Counterclaim
The defendant alleges the plaintiff also owes relief through a counterclaim.
What Happens to a Defendant During a Case?
A defendant may participate in pleadings, motions, discovery, conferences, mediation, hearings, trial, judgment, sentencing in criminal matters, post-judgment proceedings, and appeals. Court orders and deadlines apply even when the defendant is self-represented.
When a Defendant Needs Prompt Legal Help
Seek prompt help for criminal accusations, arrest or police questioning, a civil response deadline, eviction, restraining order, custody, immigration consequences, serious injury, large financial exposure, business claims, injunctions, or an existing default. See when legal advice may be important.
Key takeaway: A defendant is the party required to answer a civil claim or criminal accusation. The title itself is not proof of liability or guilt, but failing to respond can create serious consequences.
Sources Used for This Definition
This glossary page uses official court, government, bar-association, copyright, and legal-education sources. Legal meanings and procedures can vary by jurisdiction, claim, court, document, and individual facts.
Learn how we research and review legal topics in our editorial process.
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Legal Disclaimer
This glossary page provides general legal information for educational purposes only. It is not legal advice and does not create an attorney–client relationship.
Definitions, elements, deadlines, privileges, defenses, procedures, eligibility rules, and remedies vary by jurisdiction and facts. Speak with a licensed attorney or qualified legal-aid organization about a specific legal problem.