§ 40.105 Rule 305. Allocation of the burden of persuasion

If you bring a claim or raise a defense in court, you have to prove the facts that make it true. This is called the burden of persuasion. The law decides which facts matter for each type of claim or defense, and the person making that claim has to show those facts are real.

For example, if you sue someone and say they broke a contract, you have to prove the facts that show a contract existed and that it was broken. The other side does not have to prove your claim wrong. Instead, you have to prove your claim right.

This same idea applies to defenses too. If someone raises a defense, like saying they were not at fault, they have to prove the facts that support that defense. Each side is responsible for backing up their own claims and defenses with proof, not just making statements and expecting the other side to disprove them.