Burden of proof

When facts are in dispute in a case, one party may have the responsibility for providing evidence to persuade the judge or jury to believe their version of the facts. Usually, the party that brings the case into court has the burden of proof. The absolute truth about what happened is not what needs to be shown. In a civil case, the plaintiffs normally have to show that it is more probable than not that something happened the way they said it did. In a criminal case, the burden of proof is greater, and the prosecutor has to prove beyond a reasonable doubt that the defendant committed the crime charged.

A party’s duty to prove a disputed fact.

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.