Burden of proof

The Burden of Proof describes a range of legal theories that determine, in different legal disputes, who has the initial requirement of establishing the facts necessary to support her case.

If a party has the burden of proof and cannot establish the facts necessary to meet the burden of proof, that party loses his or her case.

Generally, in a civil lawsuit, the Plaintiff has the burden of proof for the claims made in the Complaint. The Defendant has the burden of proof for any Affirmative Defense.