Glossary · Evidence
Burden of Proof
burden-of-proof-947cf812054ce9a1-2026-07-28
- Type
- Glossary
- Jurisdiction
- National
- Date
- 2026-07-28
- Topic
- Evidence
The obligation to prove the facts supporting a claim or defense to the required degree of certainty. In most civil cases the standard is a preponderance of the evidence, meaning more likely than not; some issues like fraud require clear and convincing evidence; criminal convictions require proof beyond a reasonable doubt. The burden generally rests on the party asserting the claim.
Definition
The obligation to prove the facts supporting a claim or defense to the required degree of certainty. In most civil cases the standard is a preponderance of the evidence, meaning more likely than not; some issues like fraud require clear and convincing evidence; criminal convictions require proof beyond a reasonable doubt. The burden generally rests on the party asserting the claim.
Burden of Proof. The obligation to prove the facts supporting a claim or defense to the required degree of certainty. In most civil cases the standard is a preponderance of the evidence, meaning more likely than not; some issues like fraud require clear and convincing evidence; criminal convictions require proof beyond a reasonable doubt. The burden generally rests on the party asserting the claim. Example: The plaintiff carried its burden of proof by showing it was more likely than not that the defect caused the fire.