Who is who in a federal case
Defendant
The defendant is the party being sued in a civil case or charged in a criminal case.
In civil litigation the defendant answers the complaint, may raise counterclaims, and can be dismissed from the case without ending it for the others. Multiple defendants often have separate counsel and conflicting interests.
In criminal dockets each defendant is numbered, as in Vance (1) and Shah (2), and docket entries specify which defendant they concern. That numbering stays fixed even after some defendants plead out.
The distinction between individual and official capacity matters in civil rights cases. Suing an officer personally and suing the office they hold produce different defenses, different immunities, and different sources of any eventual payment. In criminal cases the defendant is also entitled to be present at nearly every stage, so minute entries note appearance and waiver, and a docket showing a defendant absent usually reflects a warrant or a health issue.
How it appears on a docket
MINUTE ENTRY as to Defendant Priya N. Shah (2) only: change of plea hearing held; remaining defendants' trial date unchanged.
Related terms
- Plaintiff — The plaintiff is the party who starts a civil lawsuit by filing the complaint.
- Arraignment — An arraignment is the hearing where the defendant is formally read the charges in the indictment and enters a plea of guilty or not guilty.
More on who is who in a federal case
See this term in a real case
Search federal court records and read the filings where defendant actually shows up. New to federal dockets? Start with how to find a federal case.