Who has the burden of proof in a lawsuit?

In a lawsuit, the burden of proof primarily lies with the plaintiff. This means that it is the responsibility of the plaintiff to present sufficient evidence to establish their case and persuade the judge or jury of the merits of their claims. The legal standard typically requires the plaintiff to demonstrate their claims by a preponderance of the evidence, meaning that it is more likely than not that their assertions are true.

This principle is fundamental to the adversarial legal system, where the party initiating the lawsuit (the plaintiff) is asserting a right or seeking a remedy, and thus bears the responsibility to show that their claims have validity. The defender's role is to respond to the accusations, often challenging the evidence presented by the plaintiff rather than proving their own innocence, as is sometimes perceived.

The roles of the judge and jury are also crucial but different. The judge may interpret the law and ensure that proceedings follow legal standards, while the jury serves as the fact-finder based on evidence presented in court. However, neither the judge nor the jury has the burden of proving anything; they are tasked with evaluating the evidence and arriving at a conclusion based on the arguments and proof provided by the parties involved.