US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Civil) 3.7.1
Responsibility for Proof – Plaintiff’s Claim[s], Cross Claims,
Counterclaims – Preponderance of the Evidence
In this case it is the responsibility of the [Plaintiff] [party bringing any
claim] to prove every essential part of [his/her/its] claim[s] by a “preponderance of
the evidence.” This is sometimes called the “burden of proof” or the “burden of
persuasion.”
A “preponderance of the evidence” simply means an amount of evidence
that is enough to persuade you that [the Plaintiff’s] [the party’s] claim is more
likely true than not true.
If the proof fails to establish any essential part of a claim or contention by a
preponderance of the evidence, you should find against the [Plaintiff] [party
making that claim or contention].
[When more than one claim is involved, you should consider each claim
separately.]
In deciding whether any fact has been proved by a preponderance of the
evidence, you may consider the testimony of all of the witnesses, regardless of who
may have called them, and all of the exhibits received in evidence, regardless of
who may have produced them.
If the proof fails to establish any essential part of [the Plaintiff’s] [a party’s]
claim[s] by a preponderance of the evidence, you should find for the [Defendant]
[Counter-Defendant, Cross-Claim Defendant] as to that claim.
2
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- civil-2025-09
- Content hash
72a55ab32445da82841417fc0b0e90cc254431076d2f161096b2810e8bfd6192
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