Defendant

What defendant means

Put simply, defendant is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where defendant comes up

For example, the term appears in these procedures:

• Answer (Fed. R. Civ. P. 8(b), 12(a)): the defendant's responsive pleading. It admits or denies the allegations of the complaint and states any defenses.

How to research the term

Start with the primary source. For example, if defendant appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read defendant in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Pleading: a formal written statement of a party's claims or defenses. Under Federal Rule of Civil Procedure 7(a), the pleadings are the complaint, the answer, and certain other listed documents. Motions are not pleadings.
• Answer: the defendant's pleading responding to the complaint, admitting or denying each allegation and stating defenses.
• Default: a party's failure to plead or otherwise defend within the time allowed, which the clerk records as an entry of default.
• Default judgment: a judgment entered against a party who failed to plead or otherwise defend.
• Deficiency judgment: a judgment for the amount still owed after a foreclosure sale brings less than the debt, where state law allows one.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.