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

But California law sets a high burden of proof for a defendant to be declared legally insane at the time of a crime. —Martha Ross, Mercury News, 9 Jan. 2026

More likely, Banzhaf added, would be a civil case in which the burden of proof is much lower than in a criminal prosecution. —Christopher Cann, USA Today, 8 Jan. 2026

In this case, the burden of proof favored Colorado. —Bennett Durando, Denver Post, 24 Dec. 2025

In a civilian criminal trial the government normally has the burden of proof on all matters. —Joshua Kastenberg, The Conversation, 16 Dec. 2025

Word History

First Known Use

1705, in the meaning defined above

Rhymes for burden of proof

• aloof
• behoof
• disproof
• flameproof
• foolproof
• greaseproof
• leakproof
• reproof
• soundproof
• bulletproof
• fireproof
• waterproof

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.