Benefits of Being a Defendant
A defendant is a party who defends claims in litigation. Although a defendant is usually on the defense in litigation, they still have the opportunity to assert claims that they may have against other parties to a lawsuit. In addition, there are other benefits of being a defendant that parties should keep in mind if they need to answer a lawsuit.
Safety in Numbers
In most lawsuits, there is only one plaintiff. Although it is not uncommon for multiple plaintiffs to join in a lawsuit, it is far more common for there to be multiple defendants who are sued by one plaintiff. This is because a number of different parties may be responsible for causing damages to someone or a plaintiff may not know exactly who is at fault for causing their injuries.
Defendants have strength in numbers by virtue of the fact that there are often multiple defendants against one plaintiff. Defendants can pool their resources in order to inundate the plaintiff with legal work. Moreover, defendants can oftentimes share cost associated with a lawsuit so that litigation is not as burdensome on defendants as is it on the plaintiff. Moreover, defendants can present a unified front in front of a judge which can have an influence on persuading a court to rule a certain way. There is something to the adage that there is safety in numbers, and this definitely applies to litigation.
Discovery Advantages
Another one of the important benefits of being a defendant are advantages during the discovery phase of litigation. In some forums, defendants are permitted to depose a plaintiff before a plaintiff is permitted to depose any of the defendants. As a result, defendants may ascertain important information about a matter before they need to produce a witness to be deposed. Moreover, defendants may have the opportunity to have a plaintiff site for a medical examination by virtue of the allegations made in a lawsuit. This can be burdensome to a plaintiff, and a defendant ordinarily does not need to contend with this discovery device. Moreover, since there are often multiple defendants in a case as noted above, defendants oftentimes have to produce less information during discovery than plaintiffs need to provide to the advantages.
Burdens of Proof
Not bearing the burden of proof is another one of the benefits of being a defendant. In litigation, a plaintiff needs to prove by a preponderance of the evidence that all of the elements of a cause of action have been satisfies. This means that it is more likely than not that evidence exists to provide all of the requirements to make out a case. As a result, plaintiffs need to marshall evidence and present proof to the court that all of the elements of a cause of action have been satisfied. This can be a lot more work than a defendant has in litigation. Indeed, theoretically, a defendant can do nothing during litigation and still win the case because the plaintiff has not satisfied the burden of proof to satisfy the elements of causes of action.
It should be noted that defendants may have the burden of proof involving some defenses that are present in litigation. In addition, once the plaintiff making a showing that it has satisfied the elements of a cause of action, the burden may shift to the defendant to prove their side of the case. However, the initial standards in litigation require a plaintiff to initially prove a case and this can be burdensome depending on the circumstances of a case and the complexity of the issues that need to be proven.
Presentation of Evidence
Another one of the benefits of being a defendant comes when it is time to present evidence to the factfinder. The defendant is usually able to present their opening statement after the plaintiff. In certain instances, a defendant can choose to present an opening statement not at the beginning of the trial, but right before they begin presenting evidence and questioning witnesses under oath. This permits a defendant to determine what the plaintiff will say during the trial and respond accordingly. The lack of surprise at what will be presented at trial helps eliminate the possibility that a defendant will be caught off guard when it comes to making their case at trial.
Moreover, the fact that there are multiple defendants can also impact the presentation of evidence at trial. Each defendant generally gets the opportunity to question witnesses, so long as the questioning is not duplicative. This usually means there is less of a chance that something will be missed at the trial which can jeopardize the odds of success before the factfinder. In addition, the fact that there are multiple defendants making a case can also have an impact on the factfinder since a point is being made more times than a plaintiff is able to make on their own. Moreover, the fact that a defendant presents their evidence and arguments last at a trial means a factfinder might remember their points best when they begin deliberations.
The Rothman Law Firm has substantial experience in every part of the litigation process on behalf of both defendants and plaintiffs. If you are looking for an experienced New York and New Jersey attorney to handle your litigation matter or other legal issue, please feel free to contact The Rothman Law Firm to request a free legal consultation.