How does a plaintiff prove their case in a civil action?

In a civil action, a plaintiff must provide evidence to prove the case. Evidence is information or materials that support, prove, or disprove the allegations. The evidence a plaintiff can submit to prove their case includes documents, witness testimony, photos, physical objects, and scientific or medical testing results. The burden of proof in a civil action is “by a preponderance of the evidence.” This means that the civil court judge or jury will weigh the evidence presented and decide whether it is more likely than not that the plaintiff’s claim is true. To meet this burden of proof, the plaintiff must provide more evidence that supports their claim than evidence that supports the defendant’s denial of the claim. The plaintiff is responsible for presenting evidence that proves their case. They need to have evidence that addresses every element of the claim. For example, if the plaintiff is suing for medical malpractice, the plaintiff must present evidence that proves the defendant deviated from standard medical practices, resulting in harm to the plaintiff. In a civil action, Arkansas courts require that evidence be reliable and meet certain minimum standards. This means that the evidence must be relevant to the case, credible, and from a reliable source. Witnesses must testify under oath in a deposition or in court. Documents should be originals or certified copies and must be authenticated with testimony from those with personal knowledge of their origin and content. If the evidence is circumstantial, the plaintiff should also present evidence that eliminates other possible explanations for the incident. By presenting reliable evidence that meets the burden of proof, the plaintiff is able to prove its case in a civil action.

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