Onus probandi
Burden of proof
Onus probandi, or the burden of proof, is the obligation of a party to proceedings to prove certain facts in legal proceedings.
Onus probandi is a Latin term denoting the burden of proof in civil and administrative proceedings. It determines which party bears the responsibility of substantiating the relevant facts with evidence, thereby enabling the court to render a decision.
In Dutch law, the burden of proof is primarily governed by Article 150 of the Dutch Code of Civil Procedure (Rv). As a general rule, the claimant bears the burden of proving the facts on which the claim is founded, unless statute or the principles of reasonableness and fairness prescribe a different allocation.
In practice, the burden of proof may shift on account of evidentiary presumptions or where the opposing party fails to advance a sufficient defence. This mechanism is fundamental to the formulation of litigation strategy and the prospects of success in proceedings.
“Counsel argued that the onus probandi rested with the defendant, as the latter was required to prove payment of the invoice.”
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