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Defendant refers to the individual or entity against whom a legal action or lawsuit has been filed. The defendant is the party who must respond to the claims made by the plaintiff and defend themselves in court. The defendant is also commonly known as the “respondent” in certain legal contexts.

The burden of proof generally rests with the plaintiff (not the defendant) however, in certain circumstances, the defendant may have the burden of proving specific facts or establishing a defense. The standard of proof for proving a defence is on a balance of probabilities, meaning that the defendant must demonstrate that it is more likely than not that their version of events (and the defence) is true.