In civil law, who typically carries the burden of proof?

In civil law, the burden of proof typically rests with the plaintiff. This means that it is the responsibility of the plaintiff to provide sufficient evidence to support their claims against the defendant. The plaintiff must demonstrate that their case is more likely true than not, a standard often referred to as the "preponderance of the evidence." This principle is foundational to civil litigation because it helps to ensure that claims brought to court are substantiated by factual evidence and are not merely based on allegations.

The role of the plaintiff being central to carrying the burden of proof reflects the idea that a person seeking a remedy for a perceived wrong must substantiate their position with credible evidence. This contrasts with the criminal standard, where the prosecution must prove the defendant’s guilt beyond a reasonable doubt. In civil proceedings, if the plaintiff fails to meet this burden, they may lose the case even if the defendant provides no evidence in their defense.