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NeCede's

Maxim 9.1.2

The burden of proof falls upon the one who asserts, not the one who denies.

Ei incumbit probatio qui dicit, non qui negat.

Source: Dig. 22, 3, 2; Halk. Max. 9; Steph. Pl. 84 Difficulty 1/5 — Foundational

Explanation

He who brings a claim must prove it; a party denying an allegation is not required to produce evidence of the negative.

Where this applies

  • Someone is accusing me of something but they haven't shown any proof.
  • I'm being sued and I feel like I have to prove I didn't do something wrong.
  • The other side made a claim but expects me to disprove it instead of them proving it.

Topics

Burden of Proof

Legal domains

evidenceprocedural

See also

Cite this maxim

NeCede Max. 9.1.2 — The burden of proof falls upon the one who asserts, not the one who denies. — Dig. 22, 3, 2; Halk. Max. 9; Steph. Pl. 84 (Ei incumbit probatio qui dicit, non qui negat.)

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