The Burden of Proof

‘The burden is always on the party asserting a fact or law to prove what he asserts. It’s never your job to disprove what he asserts! ONUS PROBANDI, evidence. It is a general rule, that the party who alleges the affirmative of any proposition shall prove it.

Who Must Do What and Why! You must understand who has the burden of proof … and why it matters! If you’re being sued, the other side has the burden of proof. If the other side files a motion, they have the burden of proof. But, sometimes the burden shifts back-and-forth. Knowing who has the burden is critical. Knowing how to shift the burden is power to win!

Don’t be victimized by lawyers tricking you into thinking the burden is yours, making you struggle to “disprove” a fact or the application of law … when the burden is not on you!

In more than 27 years as a case-winning lawyer, I’ve won many cases simply by forcing the court to require my opponent to “put up or shut up”.

Think how this can be applied to foreclosure or credit card cases! A credit lender asserts his alleged debtor owes, and far too often the alleged debtor spins his wheels trying to prove he doesn’t owe … instead of forcing the creditor to prove what he claims or be dismissed!

ACCEPT, DO NOT ARGUE, JUST VERIFY. THIS IS THE REAL POWER. BRING SOMETHING TO BACKUP WHAT YOU ARE SAYING. The Burden of proof is on the claimant. If you rebut every point with evidence you are arguing and will lose. Stay in honour, accept with verification. Turn it back on them. It’s not about you, it’s about them.’

Maxim of Law:
Ei incumbit probatio qui dicit, non qui negat.
The burden of the proof lies upon him who affirms, not he who denies.

He who makes the claim provides the evidence.