Demandado

Demandado is a term used in civil law to refer to the person or entity against whom a lawsuit or demand is filed. In civil proceedings, the demandado is the defendant, opposite the demandante, who is the party that initiates the action. The word is common in Spanish-speaking jurisdictions and in legal texts influenced by civil law traditions, including Spain, many Latin American countries, and the Philippines. The term can apply to individuals as well as corporations or other legal entities.

When a demanda is filed, the demandado is typically required to respond within a legally prescribed period by submitting a contestación (answer) or another permitted pleading. The response allows the demandado to admit or deny the plaintiff’s allegations, raise defenses (such as lack of jurisdiction, failure to state a claim, statute of limitations, or payment), and, in some systems, to include counterclaims against the demandante. The demandado has the right to be represented by legal counsel, to present evidence, and to participate in subsequent procedural steps, including discovery and trial, depending on the jurisdiction.

Failure to appear or to answer can result in a default judgment in favor of the demandante. Depending on the case, the demandado may seek dismissal, negotiate a settlement, or pursue or respond to evidence and expert testimony during the trial. The term is distinct from other contexts, such as criminal proceedings, where the analogous term would be acusado or another designation for the person charged with a crime.