00.040 Burden of Proof

00.040 Burden of Proof In a civil case such as this, the plaintiff has the burden of proving his/her case. The plaintiff must prove this case by what is known as a "preponderance of the evidence." (Give the following portion of the charge if an affirmative defense is asserted. The defendant has filed what is/are known as (an) affirmative defense(s) to the claim of the plaintiff, specifically: (here insert the affirmative defense(s) asserted). As to that/those defense(s), the defendant bears the burden of proof, by a preponderance of the evidence.) The term "preponderance" means "greater weight," and as it is used here, "preponderance of the evidence" means "the greater weight of evidence upon the issues involved." The weight of evidence need not be enough to completely free the mind from a reasonable doubt. But, to be a preponderance, the weight of the evidence must be sufficient to incline a reasonable and impartial mind to one side of the issue, rather than to the other. If you find that the evidence is evenly balanced on any issue in the case, it would then be your duty to resolve that issue against the party having the burden of proving that issue. (Note: This paragraph has been disapproved by Dyer v. Souther, 274 Ga. 61, S01A0254, (1) (May 7, 2001). 5/24/01)