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Burden of Proof

Burden of proof (Latin, onus probandi) is the obligation to prove allegations which are presented in a legal action. Under the Latin maxim necessitas probandi incumbit ei qui agit, the ordinary rule is that "the necessity of proof lies with he who complains." For example, a person has to prove that someone is guilty or not guilty (in a criminal case) or liable or not liable (in a civil case) depending on the allegations. More colloquially, burden of proof refers to an obligation in a particular context to defend a position against a prima facie other position.

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