beklagten

Beklagten is a legal term used in German-speaking civil procedures to designate the party against whom a lawsuit is brought. The term is gendered: der Beklagte (masculine), die Beklagte (feminine), and in plural die Beklagten. The Beklagte is the party who must respond to the claims put forward by the plaintiff (Kläger) and may be required to present evidence, defenses, and arguments in court.

In civil proceedings, the Beklagte’s role is to contest the asserted facts and legal grounds of the plaintiff’s claim. The defendant may file an answer or defense brief, present witnesses, and submit documents. Depending on the case, the Beklagte can raise counterclaims (Gegenklage) or seek a dismissal of the action. The court evaluates the evidence and issues a judgment determining liability and any remedies, such as damages, performance, or injunctions.

The Beklagte can be a natural person or a legal entity, such as a company or association. They are typically entitled to legal counsel and to procedural fairness, including service of process and reasonable deadlines. In many jurisdictions, the burden of proof lies with the plaintiff for the facts establishing the claim, while the Beklagte may bear the burden for their affirmative defenses.

In criminal proceedings, the corresponding term is usually Angeklagte or Beschuldigte rather than Beklagte. The term Beklagten is chiefly used in civil and administrative contexts to identify the opposing party in a dispute.