The burden of proof in New York civil cases, meaning a case involving money or property, is on the Plaintiff (who is suing for money damages). This means that the Plaintiff must present evidence establishing that he or she is entitled to win the case against the defendant. Different types of claims have varying elements that must be proven and you should review our webpages for the type of claim that concerns you.  The typical burden is that these elements must by proven by “a preponderance of the evidence.” This means proof that it is slightly more likely than not that the Defendant is legally responsible. Some civil litigation, such as a contempt motions, have a higher burden of proof where the moving party must establish the contempt by conclusive proof. In contrast, in criminal cases, the burden of proof of a prosecutor is “beyond a reasonable doubt.” Thus, the burden of proof in a civil case is much lower than in a criminal case.

If you have questions about the proof or evidence in your case, contact us online or call Scott Lanin, Esq. at (212) 764-7250 Ext.201. We offer a free phone consult to review and evaluate your case or you can schedule an office consult.