Burden of Proof

The obligation of a party to prove his allegations during a trial. Typically, the plaintiff must prove whatever allegations he included in his complaint in order to win his case. The defendant is given the opportunity to submit evidence to rebut the plaintiff's case. To rebut generally means to contest a statement or evidence presented by another.

The duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case.

This phrase is employed to signify the duty of proving the facts in dispute on an issue raised between the parties in a cause.

The burden of proof always lies on the party who takes the affirmative in pleading.

In criminal cases, as every man is presumed to be innocent until the contrary is proved, the burden of proof rests on the prosecutor, unless a different provision is expressly made by statute.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.