CO · jury_instructions
CJI-Civ. 3:1
Burden of Proof and Preponderance of Evidence —Defined
1. The plaintiff has the burden of proving (insert applicable pronoun) claim(s) by a
preponderance of the evidence.
2. The defendant has the burden of proving (each of) (insert applicable pronoun)
affirmative defense(s) by a preponderance of the evidence.
3. To prove something by a “preponderance of the evidence” means to prove that it
is more probably true than not.
4. “Burden of proof” means the obligation a party has to prove (insert applicable
pronoun) claim(s) or defense(s) by a preponderance of the evidence. The party with the
burden of proof can use evidence produced by any party to persuade you.
5. If a party fails to meet (insert applicable pronoun) burden of proof as to any claim
or defense or if the evidence weighs so evenly that you are unable to say that there is a
preponderance on either side, you must reject that claim or defense.
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
c6eec6f3c19b789b343ac28b5960d6665c63a0b4b1866e77cc6da16339bada10
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