burden of proof

noun phrase

: the duty of proving a disputed assertion or charge

Examples of burden of proof in a Sentence

Recent Examples on the Web

Defense attorney Anthony Cotton, of Waukesha, would also have the chance to cross-examine the state's witnesses and challenge the evidence and request a dismissal if it's felt the state hasn't met its burden of proof. —Chris Ramirez, Journal Sentinel, 22 Apr. 2024

Experts said Pye meets the criteria, but that the burden of proof in Georgia was too high to reach, his lawyers argued. —CBS News, 20 Mar. 2024

Word History

First Known Use

1705, in the meaning defined above

Legal Definition

burden of proof

: the responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue

the burden of proof is sometimes upon the defendant to show his incompetency

—W. R. LaFave and A. W. Scott, Jr.

compare standard of proof

Note: The legal concept of the burden of proof encompasses both the burdens of production and persuasion. Burden of proof is often used to refer to one or the other. Burden of proof and burden of persuasion are also sometimes used to refer to the standard of proof.