Obligation of a party to provide sufficient evidence to persuade the court or jury that their claims are true. 

The burden of proof in civil litigation refers to the obligation of the party making a claim (typically the plaintiff) to present sufficient evidence to convince the court that their version of events is more likely true than not. This is known as the preponderance of the evidence standard, meaning the evidence must show that it is more than 50% likely that the claim is true. Unlike criminal cases, where the standard is beyond a reasonable doubt, civil cases require a lower level of proof.

In addition to the burden of proof, there is also the burden of persuasion, the duty to persuade the judge or jury that the evidence presented supports the claim. The plaintiff generally carries the burden of proof, but the defendant may also carry a burden of proof in certain situations, such as in affirmative defenses ( proving that a contract was void).

The burden of proof can shift throughout the case depending on the type of claim and the specific defenses raised. If the defendant introduces evidence to challenge the plaintiff’s claim, the burden may shift to the plaintiff to disprove the defendant’s evidence. This dynamic ensures that both parties have a fair opportunity to present their case and rebut the opposing arguments.