Burden of Proof in Florida
The burden of proof is the obligation to establish claims or defenses to the required evidentiary standard. Florida applies different standards depending on the type of case and the issue being litigated.
Standards of Proof
Florida uses three standards: preponderance of the evidence (general civil standard), clear and convincing evidence (heightened civil standard for fraud, punitive damages, and guardianship), and beyond a reasonable doubt (criminal standard). The standard reflects the consequences of an incorrect decision and the importance of the rights at stake.
Burden Allocation
The party asserting a claim generally bears the burden. Civil plaintiffs prove their causes of action; defendants prove affirmative defenses. In some circumstances, Florida law shifts the burden (such as to fiduciaries in self-dealing transactions). Understanding burden allocation is essential for effective case preparation and trial strategy.
Related Terms
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC