Call or Text: 919.948.6464

Burden of Proof

The level of confidence with which a fact must be proven in a given action. The burden of proof, or standard of proof, is the degree of certitude that must be engendered by the evidence and argument to prove the truth of any fact that is in dispute in a particular cause of action. If the moving party on a particular issue, or the party with the burden of persuasion, does not meet the burden of proof on that issue, the non-moving party on the issue wins, owing to the effect of the presumptions of lawful conduct, innocence, or good faith.Example: In every criminal trial, the prosecuting attorney is tasked with proving to the court that the defendant is guilty beyond a reasonable doubt.
Back to Top
Español de México English