Courts and procedure
Defendant
In a civil case, the person or organization being sued; in a criminal case, the person accused of a crime.[1]
In more detail
A civil defendant usually responds with an answer.[1] Defendants often take part in mediation through their lawyer and, where there is coverage, an insurer's representative with authority to settle.[2]
Varies by state
This is the federal courts' definition; state courts use the word the same way, though procedures differ by state. Find your state’s rules.
Related terms
- PlaintiffThe person or organization that files a civil lawsuit.
- AnswerThe defendant's formal written response to a complaint, setting out the grounds for their defense.
- RespondentThe person who responds to a petition, such as the spouse who receives divorce papers.
- Authority to settleThe power to agree to a settlement on a party's behalf without needing anyone else's approval.
Read next on MediationList
Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
- Glossary of Legal Terms↩
- Florida Rules of Civil Procedure, Rules 1.700–1.750 (mediation), Oct. 1, 2026 edition (last read Oct. 10, 2026; not re-checked, because this host is on our do-not-fetch list)↩
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Cite this page
MediationList. (2026, October 28). Defendant: Definition. https://mediationlist.com/glossary/defendant/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.