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Burden Of Proof
In a court case, 'burden of proof' means the responsibility you have to convince the judge or jury that your version of the facts is more likely true than not.
What it actually is
It is the obligation placed on a party—usually the one bringing the lawsuit or charges—to prove each element of their claim or defense. This burden appears at the start of trial, when the party must present enough credible evidence, and it remains with them throughout the case. The standard for meeting that burden varies by the type of case, such as 'preponderance of the evidence' in most civil matters.
Why it matters in your case
Whoever has the burden of proof must present evidence first and risk losing if they fail to persuade the fact-finder. Practically, this means you can win simply by showing the other side has not met their burden, even if you offer little or no evidence of your own.
The common misunderstanding
Many people mistakenly think both sides must prove something equally, or that the burden shifts back and forth repeatedly. In reality, the initial burden almost always stays on the party who filed the case, and it only shifts to the other side on specific affirmative defenses.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.