What is the burden of proof in civil cases?
In civil cases in Michigan, the burden of proof is on the plaintiff, who is the person initiating the court proceedings. This means that the plaintiff must present evidence and prove that the defendant is responsible or liable for whatever harm the plaintiff is claiming. The standard of proof in civil cases in Michigan is a preponderance of the evidence, which means that the plaintiff must present enough evidence to convince the court that the defendant is more likely than not responsible for the harm alleged. The burden of proof is “preponderance of the evidence” is less strict than the “beyond a reasonable doubt” burden used in criminal cases. This means that the plaintiff only needs to show that it is more likely than not that the defendant is responsible for the harm claimed. The plaintiff does not need to prove this beyond all doubt as is the case in criminal proceedings. It is important to remember that the burden of proof is always on the plaintiff in civil cases, regardless of the particular standard of proof. The plaintiff must present enough evidence to persuade the court of the defendant’s responsibility and liability. If the plaintiff does not present enough evidence to meet the burden of proof, the court will likely dismiss the case.
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