The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
Illustration
(a) A sues B for land of which B is in possession, and which, as A asserts, was
left to A by the will of C, B's father.
If no evidence were given on either
side, B would be entitled to retain his possession.
Therefore the burden of proof is on A.
(b) A sues B for money due on a bond.
The execution of the bond is admitted, but B says that it was obtained by fraud,
which A denies.
If no evidence were given on either side, A would succeed, as
the bond is not disputed and the fraud is not proved.
Therefore the burden of proof is on B.
Section 102 On whom burden of proof lies
Section 103 Burden of proof as to particular fact
Section 104 Burden of proving fact to be proved to make evidence admissible
Section 105 Burden of proving that case of accused comes within exceptions
Section 106 Burden of proving fact especially within knowledge
Section 107 Burden of proving death of person known to have been alive within thirty years
Section 108 Burden of proving that person is alive who has not been heard of for seven years