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
Examples are automatically compiled from online sources to show current usage. Read More Opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback.
The Cook County states attorney’s office said Monday prosecutors found evidence was not sufficient to meet their burden of proof. Olivia Stevens, Chicago Tribune, 26 Jan. 2026 Until then, the burden of proof remains on sellers, not holders. Josh Brown,sean Russo, CNBC, 26 Jan. 2026 Oklahoma lawmakers will look to tackle a broad array of criminal justice issues in the coming months, including raising the burden of proof for civil asset forfeiture and expanding parole eligibility for Oklahoma’s aging prison population. Keaton Ross, Oklahoma Watch, 23 Jan. 2026 Investigators rely on the preponderance of evidence standard used in civil courts as their burden of proof, not the beyond-a-reasonable-doubt threshold for criminal justice. Winston Cho, HollywoodReporter, 23 Jan. 2026 See All Example Sentences for burden of proof

Word History

First Known Use

1705, in the meaning defined above

Time Traveler
The first known use of burden of proof was in 1705

Browse Nearby Words

Cite this Entry

“Burden of proof.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/burden%20of%20proof. Accessed 30 Jan. 2026.

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 incompetencyW. 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.

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