In civil matters, who has the burden of proof?

In civil matters, the plaintiff bears the burden of proof. This means that it is the responsibility of the plaintiff to present sufficient evidence to establish their case and support their claims against the defendant. The standard of proof in civil cases is typically "on the balance of probabilities," which requires the plaintiff to demonstrate that their claims are more likely true than not.

This principle is foundational in civil litigation, as it reflects the idea that the party initiating the lawsuit must provide the court with enough evidence to substantiate their allegations. The burden of proof does not shift; it remains with the plaintiff throughout the case, requiring them to meet their evidentiary obligations before the defendant needs to respond or present their own evidence.

In contrast, the defendant's role is to respond to the plaintiff's claims, and while they may have certain defenses, they do not have the initial burden to prove anything until the plaintiff has met their requirement. The judge and jury are involved in evaluating the evidence presented but do not bear the burden of proof themselves. Their role is to assess whether the evidence satisfies the standard set for the burden of proof that the plaintiff carries.