Which party typically bears the burden of proof in civil cases?

In civil cases, the burden of proof typically rests on the plaintiff. This principle is rooted in the fundamental notion that the party who brings a claim has the responsibility to prove its validity. The plaintiff asserts that a legal right has been infringed upon or that a wrongful act has occurred, thus bearing the burden to provide evidence supporting their claims.

The standard for this burden in civil matters is usually "on the balance of probabilities," meaning that the evidence must show that a claim is more likely true than not. This contrasts with criminal cases, where the burden of proof lies with the prosecution and must meet a higher standard of "beyond a reasonable doubt."

The defendant, while they have the right to challenge the plaintiff's case and present their own evidence, is not initially required to prove anything. They can refute the plaintiff's evidence and may even raise affirmative defenses, but the foundational burden lies first with the plaintiff to establish their claims. The court's role is to evaluate the evidence presented and determine which party has met their respective burdens, rather than to assume the burden of proof itself.