What is the burden of proof for pre-trial motions?

The burden of proof for pre-trial motions is primarily established as "preponderance of the evidence." This standard requires that the evidence presented must demonstrate that something is more likely true than not true. It means that the party with the burden must show that there is a greater than 50% chance that their claims are accurate.

This standard is different from those used in criminal trials, where "beyond a reasonable doubt" applies—this higher standard reflects the serious ramifications of a criminal conviction. In contrast, because pre-trial motions often deal with procedural questions, evidentiary matters, and issues like motions to suppress evidence or dismiss charges, the "preponderance of the evidence" standard is adequate to resolve these issues without the severe consequences that follow a criminal conviction.

The other standards of "clear and convincing evidence" and "probable cause" apply in different contexts. "Clear and convincing evidence" is typically used in civil cases where the stakes are still high, and "probable cause" is related to law enforcement's justification for making arrests or obtaining search warrants. Thus, pre-trial motions adhere to the standard of "preponderance of the evidence" to appropriately address the lower stakes involved in these preliminary matters.