California Law (Last Updated: March 4, 2014) |
Evidence Code - EVID |
Division 2. WORDS AND PHRASES DEFINED |
Section 115.
Latest version.
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"Burden of proof" means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.
Except as otherwise provided by law, the burden of proof requires proof by a preponderance of the evidence.
(Enacted by Stats. 1965, Ch. 299.)