What happens when the party with the burden of proof cannot provide enough evidence?

When a party bearing the burden of proof fails to provide sufficient evidence to substantiate their claim, the legal system provides mechanisms to resolve the case based on that deficiency.

In common-law systems, if the party with the burden of proof completes their presentation without introducing enough evidence to create a material issue of disputed fact, the opposing side may request a directed verdict (or judgment as a matter of law). If the judge agrees that the evidence is insufficient, they may grant this motion, which removes the case from the jury and results in a final judgment that terminates the trial.1

Furthermore, the burden of conviction dictates that if doubts remain at the end of a hearing because the evidence is insufficient to convince the judge or jury, the party responsible for proving the facts generally loses. In criminal proceedings, this means the defendant cannot be found guilty if the prosecution fails to supply the necessary proof or if reasonable doubts persist.23