Burden of proof (law)

In law, the burden of proof is the obligation of a party to present evidence to support their claim or allegation. It is a fundamental principle in both civil and criminal proceedings, dictating which party is responsible for convincing the trier of fact (judge or jury) that their version of events is true.

The burden of proof is typically comprised of two distinct burdens:

• Burden of production (or burden of going forward): This is the initial obligation to present sufficient evidence to establish a prima facie case (i.e., a case that, if proven, would entitle the party to relief). If the party with the burden of production fails to meet this threshold, their claim may be dismissed.

• Burden of persuasion: Once the burden of production is met, the burden of persuasion requires the party to convince the trier of fact that their version of events is more likely than not to be true. The standard of proof required to meet this burden varies depending on the type of case.

Standards of Proof

Different types of legal cases require different standards of proof:

• Criminal cases: The prosecution bears the burden of proving the defendant's guilt "beyond a reasonable doubt." This is the highest standard of proof, meaning the evidence must be so compelling that there is no logical reason to doubt the defendant's guilt.

• Civil cases: In most civil cases, the plaintiff must prove their case by a "preponderance of the evidence" (also known as "more likely than not"). This means the evidence must show that it is more probable than not that the defendant is liable.

• Some civil cases: Some civil cases, particularly those involving allegations of fraud or other serious misconduct, may require a higher standard of proof, such as "clear and convincing evidence." This standard falls between preponderance of the evidence and beyond a reasonable doubt.

Shifting the Burden

In some limited circumstances, the burden of proof may shift from one party to another. For example, if a defendant raises an affirmative defense (e.g., self-defense), they typically bear the burden of proving that defense. The burden of persuasion still typically rests with the initial party, even when the burden of production shifts.

Exceptions

There are some exceptions to the general rules regarding the burden of proof. For instance, certain presumptions may shift the burden of production to the opposing party to rebut the presumption. These are usually specified by statute or case law.

The allocation of the burden of proof is a critical aspect of legal proceedings, as it determines which party bears the risk of failing to persuade the trier of fact. Improperly allocating or applying the burden of proof can be grounds for appeal.