43.01 Burden of proof

If you claim something is true in a lawsuit, you are the one who has to prove it. You cannot just make a claim and expect the other side to disprove it. The person making the claim has to bring evidence to back it up.

The rule also explains who carries the burden of proof for the whole case. Ask yourself this: if neither side presented any evidence at all, who would lose? That person is the one who carries the burden of proof. This means they have to bring enough evidence to convince the judge or jury that their side is correct.

In practice, this means plaintiffs usually carry the burden of proof, since they are the ones bringing the lawsuit and making claims against the defendant. If the plaintiff cannot provide enough evidence to support their claims, they will lose the case, even if the defendant does not present any evidence at all.