Burden of Allegation Law and Legal Definition
Burden of allegation or Burden of Pleading refers to a party's duty to plead a matter in order for that matter to be heard in the lawsuit. It concerns what a party must put in his or her pleading when a legal proceeding is first instituted. In a criminal proceeding, this initial pleading is an indictment or information, which alleges that a crime was committed. For example, in a murder case, the prosecutor must plead that the defendant killed the victim. The prosecution thus has the burden of pleading on the issue of whether the defendant killed the victim. In a civil matter, the initial pleading is a complaint, which initiates a lawsuit. For example, in a negligence action, the plaintiff has the burden of pleading that the defendant was negligent and that the plaintiff has been injured or damaged by the actions of the defendant.
This is also termed as pleading burden.
