(1) The party holding the affirmative of an issue must produce the evidence to prove it.
Rule 43.01.Burden of proof.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 43.01 places the burden of proof on the party who would lose if neither side presented evidence, and separately requires whoever holds the affirmative of a given issue to produce the evidence proving it.
Full Text of Rule 43.01
(2) The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side.
Amendment History
(Adopted effective July 1, 1953.)
Plain-English Summary
This rule sets two related burdens for trial. First, whoever holds the affirmative of an issue must produce the evidence to prove it; the party making the assertion carries the load on that point. Second, for the case as a whole, the burden of proof falls on whichever party would lose if no evidence were presented by either side.
In practice, this second measure usually points to the plaintiff, since a plaintiff who proves nothing cannot win. But the first part matters too: a defendant who raises an affirmative issue, such as an affirmative defense, carries the burden of proving that issue.
Frequently Asked Questions
Who has the burden of proof in a Kentucky civil trial?
The party who would be defeated if no evidence were given on either side carries the burden of proof for the whole action. Separately, whoever holds the affirmative of a particular issue must produce the evidence proving it.
Does the defendant ever have to prove anything at trial?
Yes. Under the rule, the party holding the affirmative of an issue, which can be the defendant on a defense the defendant raises, must produce the evidence to prove it.
What does 'burden of proof in the whole action' mean?
It identifies which party loses by default if neither side offers evidence. That party carries the burden of proving the case as a whole.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 43.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: burden of proof Kentucky civil casewho has to prove their case first at trialCR 43.01 Kentuckyburden of proof whole action Kentuckyaffirmative defense burden of proof