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Burden of Proof and Directed Verdicts

·

By

ACL

The short answer

In most civil cases, the plaintiff must prove each element by a preponderance of the evidence, meaning more likely true than not. A directed verdict ends a claim when the evidence is so one-sided that no other result could stand.

Where it fits in your case

The burden applies throughout trial. Directed verdict motions are usually made after the plaintiff rests or after all evidence.

What to expect

  • Higher burdens. Some claims, such as common-law fraud, require clear and convincing evidence.

  • The standard. Under Illinois law, a directed verdict is proper only when the evidence overwhelmingly favors one side.

  • Bench trials use a similar motion for a finding.

What we need from you

Patience; these motions are routine and often denied.

Common misconceptions

  • “Preponderance means a lot of evidence.” It means slightly more convincing.

  • “A denied motion means we’re losing.” Most are denied so the jury can decide.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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