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In civil law, the party who is served with the papers beginning the civil action, and is defending the lawsuit is called the "defendant"; the party who brings the lawsuit is called the "plaintiff".

In the strictest sense, the person in a criminal 'lawsuit' not a civil proceeding, is called a "defendant". The party, in the criminal action, who brings the lawsuit, a criminal proceeding, is called the "State". The representative for the criminal action against the is a Prosecutor.

Please see the discussion page for further notions about using the word "defendant" instead of the label "accused" in a criminal proceeding.

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12y ago
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9y ago

The party bringing the suit is the plaintiff. The defendant is on the other side of the aisle.

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15y ago

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3y ago

the defendant

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Q: What party defends against a complaint?
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