What is required to prove a civil claim?

In order for a person to prove their civil claim in Massachusetts, they must have evidence that meets the required burden of proof. This evidence must show that the claim is more likely than not to be true. In Massachusetts, the burden of proof for a claim is generally “a preponderance of the evidence”. This means that the evidence presented must show that the claim is more likely than not to be true. The plaintiff (person filing the lawsuit) in a civil matter has the burden to prove the claim they are making against the defendant (person being sued). The plaintiff must put forth evidence to support their claim and show that the facts alleged are true. This evidence could include things such as witness testimony or documents that back up the facts being alleged. The defendant also has the opportunity to put forth evidence to disprove the claim filed by the plaintiff. This evidence must show that the facts alleged by the plaintiff are not true, or that the risk that the facts are true is outweighed by the evidence put forth by the defendant. The burden of proof is always with the plaintiff and it is up to them to meet the burden of proof in order to prove their claim. Whether a person meets this burden of proof is determined by the judge or jury based on the evidence presented in the court.

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