<P> The burden of proof ( Latin : onus probandi ) is the duty of a party in a trial to produce the evidence that will prove the claims they have made against the other party . In a legal dispute , one party is initially presumed to be correct and gets the benefit of the doubt , while the other side bears the burden of proof . When a party bearing the burden of proof meets their burden , the burden of proof switches to the other side . Burdens may be of different kinds for each party , in different phases of litigation . The burden of production is a minimal burden to produce at least enough evidence for the trier of fact to consider a disputed claim . After litigants have met the burden of production and their claim is being considered by a trier of fact , they have the burden of persuasion , that enough evidence has been presented to persuade the trier of fact that their side is correct . There are different standards of persuasiveness ranging from a preponderance of the evidence , where there is just enough evidence to tip the balance , to proof beyond a reasonable doubt , as in United States criminal courts . </P>
<P> The burden of proof ( Latin : onus probandi ) is the duty of a party in a trial to produce the evidence that will prove the claims they have made against the other party . In a legal dispute , one party is initially presumed to be correct and gets the benefit of the doubt , while the other side bears the burden of proof . When a party bearing the burden of proof meets their burden , the burden of proof switches to the other side . Burdens may be of different kinds for each party , in different phases of litigation . The burden of production is a minimal burden to produce at least enough evidence for the trier of fact to consider a disputed claim . After litigants have met the burden of production and their claim is being considered by a trier of fact , they have the burden of persuasion , that enough evidence has been presented to persuade the trier of fact that their side is correct . There are different standards of persuasiveness ranging from a preponderance of the evidence , where there is just enough evidence to tip the balance , to proof beyond a reasonable doubt , as in United States criminal courts . </P>
who carries the burden of going forward with evidence in a trial
who carries the burden of going forward with evidence in a trial
litigants
litigants