insufficient evidence

Insufficient evidence is the evidence which fails to meet the burden of proof and is inadequate to prove a fact.  In a trial, if the prosecution finishes presenting their case and the judge finds they have not met their burden of proof, the judge may dismiss the case (even before the defense presents their side) for insufficient evidence. For example, in criminal cases the burden is to prove beyond a reasonable doubt and failure to meet the burden results in insufficient evidence.

Insufficient evidence may even be grounds for appeal.

[Last updated in February of 2022 by the Wex Definitions Team]