Legal burden of proof

The burden of proof (Latin:onus probandi) in the United States is the imperative on a party in a trial to produce the evidence that will shift the conclusion away from the default position to one's own position.

The burden of proof is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, the best translation of which in this context is: "the necessity of proof always lies with the person who lays charges."