Burden of Proof

The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt. (See standard of proof.)

Source: U.S. Courts

In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points. (See standard of proof.)

Source: U.S. Courts

The duty of a party to produce the greater weight of evidence on a point at issue.

Source: Office of Child Support Enforcement.

When one person in the case has the responsibility to give more evidence than the other person.

Source: California Courts.

Last reviewed October 2022