Evidence Code section 115

“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.

Source: Section 115, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=115.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 115’s source at ca​.gov