Courtrooms can feel like a different world, with their own language, strict timelines, and rituals. Even before the first hearing, the roles of plaintiff and defendant define how the case unfolds.
Those titles shape who carries the burden of proof, what deadlines apply, and what rights attach at each stage.
If you are new to the legal process in the United States, it helps to see exactly what each role means, both in civil and criminal cases, and to understand the practical steps and rules that affect both sides from start to finish.
Key Points
- Plaintiff starts a case; defendant responds or defends against it.
- Civil and criminal cases follow different rules and burdens of proof.
- Most criminal cases end in plea bargains, not trials.
- Deadlines, proper filings, and jurisdiction are critical in both case types.
Who Is Who
At its simplest, a lawsuit has two primary sides.
Plaintiff
The plaintiff is the party who starts a civil lawsuit by filing a complaint with the court. In civil court, this is almost always an individual, business, or organization seeking a legal remedy such as money damages, an injunction, or a declaratory judgment.
In criminal cases, there is no private plaintiff. The prosecuting authority – a federal, state, or local government lawyer – takes the role of moving the case forward.
Defendant
The defendant is the party responding to the lawsuit in civil court or the individual accused of a crime in criminal court.
In both settings, the defendant’s actions revolve around challenging the claims against them and protecting their legal rights.
Civil vs. Criminal Cases at a Glance
| Topic | Civil Case | Criminal Case |
| Who brings the case | Private party called the plaintiff | Government prosecutor (federal, state, or local) |
| Who defends | Defendant | Defendant |
| Burden of proof | Usually preponderance of the evidence (more likely than not). Certain issues require clear and convincing evidence. | Beyond a reasonable doubt – the highest legal standard in the U.S. |
| Possible outcomes | Money damages, injunctions, declaratory judgments, settlements, dismissal, appeal | Acquittal, conviction, plea agreement, sentencing, dismissal, appeal |
| Right to counsel | No automatic right to a government-paid lawyer in ordinary civil cases, with limited exceptions | Constitutional right to counsel for those who cannot afford one |
| Jury trial | Seventh Amendment provides a jury right in certain federal civil claims | Sixth Amendment provides a jury right for serious criminal charges |
How a Civil Case Begins – The Plaintiff’s Job
Starting a lawsuit means following formal steps set by the Federal Rules of Civil Procedure or their state-level counterparts.
Filing the Complaint
Under Rule 8, a federal civil complaint must include:
- A short, plain statement showing the plaintiff is entitled to relief
- A demand for that relief
The complaint lays out the cause of action – the legal theory and specific elements that must be proven.
Serving the Defendant
The plaintiff is responsible for serving the defendant with both the summons and the complaint. Under Rule 4, service in federal court usually must be completed within 90 days of filing.
If the defendant agrees to waive formal service, they receive more time to respond – 60 days if in the U.S., 90 days if abroad. Refusing a proper waiver request can result in having to pay the cost of service.
Jurisdiction, Venue, and Standing
Before filing, the plaintiff must be sure the court has:
- Subject-matter jurisdiction – for example, diversity jurisdiction under 28 U.S.C. 1332 when parties are from different states and the amount in controversy exceeds $75,000.
- Personal jurisdiction – authority over the defendant, often based on “minimum contacts” with the state.
- Proper venue – the correct location for the case under court rules.
A defendant may remove a case from state to federal court under 28 U.S.C. 1441 if the federal court has original jurisdiction.
Statute of Limitations
Every legal claim has a filing deadline set by law. Many federal statutes use a four-year limit under 28 U.S.C. 1658, but state laws vary widely. Missing this window almost always ends the claim.
How a Defendant Responds
Once served, the defendant faces strict timelines.
Time to Answer
Under Rule 12, a defendant must respond within 21 days of service. Waiving formal service gives them 60 or 90 days, depending on location.
Early Motions
Defendants can file motions to:
- Dismiss for failure to state a claim under Rule 12(b)(6)
- Challenge jurisdiction, venue, or service
- Transfer the case to a different court
Defenses and Counterclaims
In their answer, defendants admit or deny allegations and raise affirmative defenses such as:
- Statute of limitations
- Lack of jurisdiction
- Settlement release
Failing to raise certain defenses early can mean losing the right to use them later.
If the Defendant Does Nothing
When a defendant fails to respond, the plaintiff can request an entry of default and later a default judgment under Rule 55.
Courts may set aside a default for good cause, but ignoring deadlines risks losing without a trial.
Discovery – Exchanging Evidence
Once the pleadings are done, the case enters discovery. Under Rule 26:
- Parties must exchange initial disclosures such as witness lists and relevant documents
- Discovery requests can include interrogatories, document requests, and depositions
- Electronic evidence (emails, chats, files) must be preserved once litigation is reasonably anticipated
Judges often set strict deadlines through a scheduling order under Rule 16, and sanctions under Rule 37 can apply for failing to comply.
Resolving a Case Before Trial
Summary Judgment
Under Rule 56, either side can ask the court to decide the case without trial if there is no genuine dispute of material fact.
Voluntary Dismissal
A plaintiff can dismiss their case voluntarily under Rule 41 in the early stages without prejudice or later with court approval.
Procedural Dismissals
Courts may dismiss for missing service deadlines, failing to prosecute, or not following procedural rules.
Trial and Appeal
Few civil cases go all the way to trial – estimates put the rate in federal court at under 2 percent. Most end through settlement, dismissal, or pretrial motions. When a case does reach trial:
- A party may demand a jury if the claim qualifies under the Seventh Amendment
- Bench trials are decided by a judge
- After judgment, the losing party usually has 30 days to file a notice of appeal under the Federal Rules of Appellate Procedure
Remedies and Enforcement
Winning a case is one thing – collecting on it is another.
- Money damages: Compensation for losses; may include punitive damages where allowed.
- Injunctions: Orders requiring or forbidding specific actions.
- Declaratory judgments: Court statements of legal rights.
If the losing party does not pay, tools include:
- Wage garnishment – capped at 25% of disposable earnings or the amount above thirty times the federal minimum hourly wage under 15 U.S.C. 1673 (higher for child support).
- Judgment liens – claims attached to property until the debt is satisfied.
Small Claims and Lower-Cost Paths
Small claims courts offer faster, simpler processes for lower-value disputes. Dollar limits vary:
- California: $12,500 for most individual claims
- New York City: $10,000 limit
- Texas justice courts: Limits set locally
Procedures are streamlined, but rulings still carry legal weight.
A Quick Criminal Case Snapshot
In criminal cases:
- The government prosecutes
- The defendant has a constitutional right to counsel if they cannot afford one
- The burden is beyond a reasonable doubt
- Plea bargains resolve most cases – between 95 and 98 percent, according to Department of Justice and ABA data
A typical federal criminal sequence:
- Investigation
- Charging
- Initial appearance and arraignment
- Discovery
- Plea or trial
- Sentencing (under 18 U.S.C. 3553 and Sentencing Guidelines)
- Appeal
Practical Tips for Nonlawyers
- Document early: Save emails, contracts, photos, texts, and any relevant communications.
- Track deadlines: Missing a filing date can end a case. Mark service, answer, and appeal dates in a calendar.
- Fee waivers: Federal courts allow in forma pauperis applications for qualifying plaintiffs; states have similar processes.
- Alternative Dispute Resolution: Mediation or arbitration can save time and cost.
- Seek help when needed: Even without a right to free counsel in most civil cases, legal aid and pro bono programs may be available.
Core Rules and Statutes
| Topic | Rule or Statute |
| Complaint requirements | FRCP Rule 8 |
| Serving defendant | FRCP Rule 4 |
| Time to answer | FRCP Rule 12 |
| Default judgment | FRCP Rule 55 |
| Discovery | FRCP Rules 16, 26, 34, 37 |
| Summary judgment | FRCP Rule 56 |
| Diversity jurisdiction | 28 U.S.C. 1332 |
| Removal | 28 U.S.C. 1441 |
| Civil jury right | Seventh Amendment |
| Criminal burden of proof | Beyond a reasonable doubt |
| Wage garnishment cap | 15 U.S.C. 1673 |
FAQs
Can there be multiple plaintiffs or defendants?
Yes. Joinder rules allow multiple parties, and class actions under Rule 23 have a named plaintiff representing a group.
What if the court lacks personal jurisdiction over a defendant?
The defendant can move to dismiss. Courts apply a “minimum contacts” test under due process principles.
If I win, how do I collect?
Common methods include garnishing wages or placing liens on property. State rules control the details.
Final Words
Labels in court carry weight. The plaintiff moves the case forward, proving their claim under the correct standard and within the right deadlines.
The defendant responds within tight time frames, raising defenses, filing motions, and protecting their position. In criminal court, the government must prove guilt to the highest legal standard in the country, while defendants have significant constitutional safeguards.
Knowing what each role means, and the practical steps they must take, can turn an intimidating process into one you can follow and anticipate with far greater confidence.
