Section 12.5 Burden of Proof

• Library: Civil Trial Practice 2015 Supp

B. (§12.5) Burden of Proof

The next category of Missouri Approved Instructions (MAI)—and one that generally draws some comment by the attorneys during closing argument—is the one explaining the burden of proof to the jury. MAI 3.01 [1998 Revision] tells the jury that the burden is on the party who relies on the “certain propositions” to cause them to believe that the proposition “is more likely to be true than not true.” If the evidence does not cause the jury to believe the truth of the proposition, the jury cannot return a verdict requiring the belief of that proposition.

This language avoids several problems. First, it eliminates any reference to the “preponderance of the evidence” and similar formulations of the burden of proof that were not helpful in explaining the quantum...