A term used to denote the obligation which rests upon one of the parties to a legal action to produce sufficient evidence to establish the fact that he has alleged in his complaint under penalty of having judgment entered against him, and this burden is not shifted until the party upon whom it has first rested has submitted sufficient evidence to turn the presumption in his favor.
The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant’s guilt. Burden of proof is the duty of a party to present evidence on the facts in issue necessary to establish his or her claim or defense by the amount of evidence required by law. Burden of proof never shifts.
Burden of evidence is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima facie case. Burden of evidence may shift from one party to the other in the course of the proceedings, depending on the exigencies of the case.