M Civ JI 8.01 Definition of Burden of Proof

(a) I have just listed for you the propositions on which the [ plaintiff / defendant ] has the burden of proof. For the [ plaintiff / defendant ] to satisfy this burden, the evidence must persuade you that it is more likely than not that the proposition is true.

You must consider all the evidence regardless of which party produced it.

(b) I have just listed for you the propositions on which the [ plaintiff / defendant ] has the burden of proof. In this case the [ plaintiff / defendant ] must prove those propositions by clear and convincing evidence. This means that [ plaintiff / defendant ] must do more than merely persuade you that the proposition is probably true. To be clear and convincing, the evidence must be strong enough to cause you to have a clear and firm belief that the proposition is true.

You must consider all the evidence regardless of which party produced it.

(c) Because of the issues presented in this case, the [ plaintiff / defendant ] must meet different burdens of proof on the claims [ he / she / it / they ] make[ s ].

On the following propositions, [ list the propositions ], [ plaintiff / defendant ] has the burden of proof. For the [ plaintiff / defendant ] to satisfy this burden, the evidence must persuade you that it is more likely than not that the proposition is true.

On the following propositions, [ list the propositions ], the [ plaintiff / defendant ] has an additional burden of proof. On these listed propositions, the [ plaintiff / defendant ] must prove those propositions by clear and convincing evidence. This means that [ plaintiff / defendant ] must do more than merely persuade you that the proposition is probably true. To be clear and convincing, the evidence must be strong enough to cause you to have a clear and firm belief that the proposition is true.

You must consider all the evidence regardless of which party produced it.

Note on Use

This instruction should be given directly after M Civ JI 14.21, 16.02A, 16.04, 16.05, 16.06, 25.12, 25.22, 25.32, 25.45, 30.03, 35.02, 36.05, 36.06, 36.15, 75.11, 75.12, 80.02, 100.02, 101.04, 101.05, 101.06, 105.04, 105.012, 105.14, 105.32, 106.07A, 106.07C, 106.07D, 106.29, 106.35, 107.15, 110.10, 110.11, 110.12, 110.13, 115.20, 115.21, 116.20, 116.21, 117.02, 117.21, 118.05, 140.01, 140.42, 140.45, 140.53, 142.01, 170.45, 170.51, and 171.02.

Only the paragraph that applies should be read. For example, paragraph (c) is to be used where there is a mixed burden of proof because of the nature of the claims brought.

Comment

The revised instruction makes clearer that the evidence in support of a proposition must have a qualitative as well as a quantitative character. In other words, the evidence must do more than simply outweigh that against it. A jury may disbelieve the evidence proffered in support of a proposition even when that evidence is unopposed. In that situation, although the evidence quantitatively outweighs that opposed to it, qualitatively it does not meet the burden of proof because the jury must still be persuaded that the evidence supports a finding that the proposition is true. Strand v Chicago & W M R Co, 67 Mich 380 (1887); Four States Coal Co v Ohio & Michigan Coal Co, 228 Mich 360 (1924); Hanna v McClave, 273 Mich 571 (1935); Cook v Vineyard, 291 Mich 375 (1939); Kelly v Builders Square, Inc, 465 Mich 29 (2001).

In re Martin, 450 Mich 204 (1995); In re Chmura, 464 Mich 58 (2001).

History

M Civ JI 8.01 (former M Civ JI 16.01) was SJI 21.01. Amended October 1984. Renumbered from M Civ JI 16.01 to M Civ JI 8.01 November 1998. Amended September 2007.