What is the burden of proof in civil cases?
In civil cases in the state of Indiana, the burden of proof is on the party bringing forth the claim. This means that there must be evidence and facts that support the claim in order for it to be successful. The standard of proof in civil cases is known as a “preponderance of the evidence”. This means that the evidence must be more likely than not to prove that the claim is true. In order to meet the burden of proof, the plaintiff will need to show that there is a greater probability of truth in their case than in the defendant’s. This means that the plaintiff needs to provide evidence that is more persuasive and convincing than the defendant’s evidence. Once the plaintiff meets this burden of proof, then the burden shifts to the defendant to rebut the evidence presented by the plaintiff. The burden of proof is an important concept in civil cases in Indiana because it determines whether or not the plaintiff is successful in their case. By proving their case with more persuasive evidence than the defendant, the plaintiff has a better chance of success. Therefore, it is important that both parties present their evidence in a clear and compelling way to make their case as strong as possible.
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