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

Simpson was subsequently found liable in a civil case where the burden of proof was lower. — Tracy Grant, Encyclopedia Britannica, 7 Aug. 2026

What persists, then, is not a clinical judgment but an institutional habit, and the burden of proof has been sitting on the wrong side of it all along. — Abigail MacKenzie, STAT, 5 Aug. 2026

Regarding the lack of criminal responsibility defense itself, while the defense has to introduce evidence regarding the defendant’s mental state, the burden of proof is still on the prosecution, says Medwed. — Liam Quinn, PEOPLE, 4 Aug. 2026

The burden of proof now sits with the companies making the largest claims. — Ron Schmelzer, Forbes.com, 28 July 2026

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.