Meaning: On the plaintiff rests the proving.
- Actori – derived from actor, meaning “plaintiff”, “claimant”, or “doer” in legal and general contexts.
- Incumbit– derived from incumbere, meaning “rests upon” or “lies upon”.
- Probatio – “proof”, “evidence”, or “verification”.
Interpretation: The burden of proof is on the plaintiff.
Example – ‘W’ had to go through treatment for her physical and mental harassment. Later, W put in for divorce on the grounds of cruelty. W has to prove that E has caused the injury of physical and mental assaults against her to prove her case before the court. Thus, the maxim Actori Incumbit Onus Probandi is applicable.
