The burden of proof combines two components: the burden of production, meaning coming forward with enough evidence for the issue to be decided, and the burden of persuasion, meaning convincing the factfinder to the applicable standard.
In civil cases the plaintiff generally bears the burden on the elements of each claim, and the defendant bears it on affirmative defenses.
Alternative Names:
Burden, Evidentiary Burden
Why it Matters?
Burden allocation determines who loses when the evidence is in equipoise, which is a common condition in contested cases. It also shapes trial structure and argument: a defense that persuades the jury the plaintiff simply failed to prove causation wins without proving anything affirmatively. Knowing which party carries the burden on each disputed element is basic case architecture.
Frequently Confused with
Related terms
Frequently asked questions
Who bears the burden of proof in a civil case?
What happens if the evidence is evenly balanced?
