Burden of proof

What burden of proof means

Put simply, burden of proof is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where burden of proof comes up

For example, the term appears in these procedures:

• Motion for Summary Judgment (Fed. R. Civ. P. 56): a motion asserting there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

How to research the term

To research burden of proof, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Summary judgment: judgment without a trial because there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
• Material fact: a fact that could affect the outcome of the case under the governing law.
• Genuine dispute: a real disagreement about a fact, supported by evidence, that a reasonable fact-finder could resolve either way.
• Preponderance of the evidence: the usual standard of proof in civil cases: the fact is more likely true than not.
• Damages: money awarded to compensate for a loss or injury.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.