- The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.Illustrations(a)A sues B for land of which B is in possession, and which, as A asserts, was left to Aby the will of C, B's father.If no evidence were given on either side, B would be entitled to retain his possession.Therefore the burden of proof is on A.(b)A sues B for money due on a bond.The execution of the bond is admitted, but B says that it was obtained by fraud, which a denies.If no evidence were given on cither side, A would succeed as the bond is not disputed and the fraud is not proved.Therefore the burden of proof is on B.
