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Aug 31, 2026 - Personal Injury by Cross & Smith

In a legal dispute, one party bears the burden of proving that their facts are correct. The burden of proof typically rests with the person who brought the lawsuit, and it includes two components: Burden of Production – This is the duty to provide enough evidence to support a legal case Burden of Persuasion –  This is the duty to convince the judge or jury that the claim is true, and is subject to evidentiary legal standards such as clear and convincing evidence Think of the burden of production as the foundation of the case. It includes documents, witness statements, expert testimony, and other elements that create the factual basis for your legal claim. If you cannot meet these requirements, your case will be dismissed before it is heard by a judge or jury. The burden of persuasion is the evidentiary standard – such as “beyond a reasonable doubt,” “preponderance of the evidence,” or “clear and convincing evidence” that must be met.  The burden of proof is a legal principle that ensures lawsuits are based on facts rather than conjecture.  Legal Standards To Meet the Burden of Proof The highest evidentiary standard in the burden of proof is “beyond a reasonable doubt.” This is the standard in criminal cases. The principle of people being considered innocent until proven guilty is the heart of the American criminal system. To meet this evidentiary standard, a prosecutor has the burden of proof to establish guilt. It is a standard that is a bit […]