What is the burden of proof in civil cases?

In civil cases, the burden of proof is the responsibility of a party to prove to the court their side of the case. In Arizona, the burden of proof for civil cases is "Preponderance of the Evidence." This means that the party must show that it is more likely than not that their version of the facts is true. The preponderance of the evidence is a lower standard than the burden of proof in criminal cases which is "beyond a reasonable doubt". This lower standard means that a party only has to present some amount of evidence that shows their side of the case is more likely to be true than not. The burden of proof for a party can shift in a civil case. This means that the burden of proof can move from one party to the other depending on the type of evidence presented. For example, if one party presents some evidence that leads the court to believe that their version of the facts is more likely to be true, then the burden of proof will shift to the other party to prove their version of the facts is more likely to be true than not. It is important to understand the burden of proof when preparing a civil case in Arizona. Understanding the standard of proof and how it can shift in a civil case can be the difference between winning or losing the case.

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