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KembaraXtra – Legal Terms – Onus Probandi
The Latin phrase onus probandi means “burden of proof.”
It refers to the legal duty imposed on a party to establish the truth of facts asserted in court proceedings.
The concept is fundamental in both civil and criminal law and determines which party must produce sufficient evidence to satisfy the court.
In criminal proceedings, the onus probandi usually rests upon the prosecution, while in civil proceedings it generally rests upon the claimant.
The phrase is commonly used interchangeably with *onus of proof and *burden of proof.

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