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

The burden of proof is on the estate executor to prove the amount of contributions by each spouse. —Virginia La Torre Jeker, J.d., Forbes.com, 7 Apr. 2025

Per the Immigration and Nationality Act, the applicant's burden of proof is usually on the government. —Thomas G. Moukawsher, Newsweek, 20 Mar. 2025

Once appeals begin, the burden of proof shifts to the defendant. —Lawrence Wright, The New Yorker, 10 Feb. 2025

But Simpson was found to be liable for their deaths in a civil trial in 1997 because the burden of proof was different in that case. —Olivia B. Waxman, TIME, 29 Jan. 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.