Burden of Proof” is a legal term that indicates which party in a lawsuit must bring forth evidence to support its claims and facts in the lawsuit. Typically, the plaintiff, the party bringing the lawsuit, bears the Burden of Proof, although the Burden of Proof may shift between the parties to the lawsuit.

The Burden of Proof differs from the standard of proof in that it provides which party has to bring forth evidence. The standard of proof determines the certainty with which a party must prove its case (e.g., beyond a reasonable doubt, by a preponderance of the evidence, etc.).