Standard of Proof: United States
Burden of proof refers most generally to the obligation of a party to prove its allegations at trial. In a civil case the plaintiff sets forth its allegations in a complaint, petition or other pleading. The defendant is then required to file a responsive pleading denying some or all of the allegations and setting forth any affirmative facts in defense affirmative defenses. Each party has the burden of proof of their allegations. In In Re Rogers the Alabama Supreme Court set forth a common explication of the concept as a jurisprudential maxim:
"The Sixth Edition of Black's Law Dictionary explained the parenthetical maxim as follows: ¶ 'Ei incumbit probatio, qui dicit, non qui negat; cum per rerum naturam factum negantis probatio nulla sit.... The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot produce any proof. ¶ Black's Law Dictionary 516 (6th ed. 1990).'"
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