OK · jury_instructions
OUJI-CIV No. 3.1
BURDEN OF PROOF- GREATER WEIGHT OF THE EVIDENCE
BURDEN OF PROOF- GREATER WEIGHT OF THE EVIDENCE
In a civil lawsuit, such as this one, the law provide s which party is to prove
certain things to you. This is called "Burden of Proof."
When I say that a party has the burden of proof on any proposition by the greater
weight of the evidence, or use the expression "if you find," or "if you decide", I mean you
must be persuaded, considering all the evidence in the case, that the proposition on which
such party has the burden of proof is more probably true than not true. The greater
weight of the evidence does not mean the greater number of witnesses testifying to a fact,
but means what seems to you more convincing and more probably true.
A party who seeks to recover on a claim [or counterclaim], or a party who raises
an affirmative defense has the burden to prove all the elements of the claim or defense.
In deciding whether a party has met the burden of proof, you are to take into account all
the evidence, whether offered by that party or any other party.
Provenance
- Source
- oscn.net
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
f0a2c17bcdff03a045730f261ec07e824411670c64976b89d3f23d199849cc09
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