Who typically bears the burden of proof in civil cases?

In civil cases, it is the responsibility of the plaintiff to bear the burden of proof. This means that the plaintiff must present sufficient evidence to support their claims and demonstrate that their version of the facts is more likely true than not. The standard applied in most civil cases is the "preponderance of the evidence," which requires the plaintiff to show that there is a greater than 50% chance that their assertions are accurate.

The rationale behind this is rooted in the idea that the party bringing the lawsuit (the plaintiff) is the one seeking a legal remedy. Therefore, they must provide the evidence necessary to support their case. This contrasts with criminal cases, where the prosecution carries the burden of proof to establish the defendant's guilt beyond a reasonable doubt.

In this context, the defendant does not have to prove their innocence; rather, they can introduce evidence to refute the plaintiff’s claims. Witnesses may provide testimony or evidence but do not bear the burden themselves. The judge's role is to oversee the proceedings and ensure that the law is applied correctly, but they do not carry the burden of proof either. Hence, the plaintiff indeed holds the burden of proof in civil cases.