What is the Burden of Proof in a Civil Trial?

The burden of proof in a trial refers to the responsibility of a party to produce evidence in support of her allegations. The burden of persuasion refers to the strength of that evidence.

The burden of proof in a civil trial is a finding of liability by either a preponderance of the greater weight of evidence or by clear and convincing evidence.

What is Preponderance of the Greater Weight of Evidence?

A preponderance of the greater weight of evidence, or simply a preponderance of the evidence, concerns how convincing is the available evidence. The jury should focus on credibility and accuracy.

What is Clear and Convincing Evidence?

Clear and convincing evidence is a slightly higher standard of proof than a preponderance of the evidence. It focuses on the greater likelihood or belief that the evidence is truthful and the fact-finder’s belief in its truth.

In either case, the plaintiff must present evidence sufficient to meet this standard in order to demonstrate liability.