Written by attorneys · grounded in primary & secondary sources — see below
A person against whom a civil or criminal proceeding is brought.
Select any source to read its text and confirm it supports the definition.
Damian Decker drove his truck at excessive speed through a residential neighborhood while intoxicated. His vehicle struck and killed a pedestrian. Prosecutors charged Decker as the defendant with involuntary manslaughter on the theory that his conduct constituted criminal negligence.
Deborah Dunn filed suit against Dynamic Solutions in federal court. Her counsel mailed a notice and request for waiver of service to the corporation. Dynamic Solutions, as defendant, faced a duty to avoid unnecessary service expenses by responding to the request.
Diego Duarte stood trial for assault. His counsel offered evidence that the alleged victim had a pertinent trait of violence. As defendant, Duarte thereby opened the door for the prosecutor to rebut with evidence of Duarte's own same trait.
Daphne Doyle retained counsel to represent her on felony charges. The lawyer proposed a contingent fee based on acquittal. The arrangement was prohibited because it constituted a contingent fee for representing a defendant in a criminal case.
Dominion Capital operated a warehouse where a heavy crate fell on a visitor. The visitor sued Dominion Capital as defendant. The court considered whether the indicated negligence fell within the scope of the defendant's duty to the plaintiff before permitting the res ipsa inference.
Darrell Duncan faced trial before a jury. The prosecutor used peremptory strikes to remove all prospective jurors of one race. Duncan, as defendant, made a prima facie showing of racial motivation, shifting the burden to the prosecutor to offer a race-neutral explanation.
Yes. A valid waiver requires the defendant to execute a written waiver personally, government consent, and court approval. Counsel statements or scheduling orders alone do not suffice.
A prosecutor may withdraw consent before trial begins. Once consent is withdrawn, the case reverts to jury trial because all three waiver conditions must remain satisfied at the start of trial.
Yes. All properly joined and served defendants must join or consent to removal under the general removal statute. Failure of a non-nominal defendant to consent renders the removal defective.
…a declaratory judgment that the Texas abortion statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the statutes. A three-judge District Court for the Northern District of Texas, to which the action was referred, held that the Does and Hallford had no standing to sue, but…