<Tr> <Td> <Ul> <Li> </Li> <Li> </Li> <Li> </Li> </Ul> </Td> </Tr> <Ul> <Li> </Li> <Li> </Li> <Li> </Li> </Ul> <P> The burden of proof (Latin: onus probandi) is the duty of a party in a trial to produce the evidence that will prove the claims they have made against the other party . In a legal dispute, one party is initially presumed to be correct and gets the benefit of the doubt, while the other side bears the burden of proof . When a party bearing the burden of proof meets their burden, the burden of proof switches to the other side . Burdens may be of different kinds for each party, in different phases of litigation . The burden of production is a minimal burden to produce at least enough evidence for the trier of fact to consider a disputed claim . After litigants have met the burden of production and their claim is being considered by a trier of fact, they have the burden of persuasion, that enough evidence has been presented to persuade the trier of fact that their side is correct . There are different standards of persuasiveness ranging from a preponderance of the evidence, where there is just enough evidence to tip the balance, to proof beyond a reasonable doubt, as in United States criminal courts . </P> <P> The burden of proof is usually on the person who brings a claim in a dispute . It is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, a translation of which in this context is: "the necessity of proof always lies with the person who lays charges ." </P>

Who carries the burden of going forward with evidence in a trial