3.2 Burden of Proof: Preponderance of The Evidence

• Library: Federal Civil Jury Instructions for the Fifth Circuit
• Edition: 2020
• Section: Jury Charge

3.2 Burden of Proof: Preponderance of The

Evidence

Plaintiff [name] has the burden of proving [his/her/

its] case by a preponderance of the evidence. To estab-

lish by a preponderance of the evidence means to prove

something is more likely so than not so. If you find that

Plaintiff [name] has failed to prove any element of [his/

her/its] claim by a preponderance of the evidence, then

[he/she/it] may not recover on that claim.1

1See Pattern Jury Instruction 2.17, if the burden of proof is by clear

and convincing evidence.

3.2 PATTERN JURY INSTRUCTIONS

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