Glossary / Civil Procedure & Litigation

Substantiation burden

The substantiation burden refines the burden of allegation. In Swiss civil proceedings, a party must present relevant facts with enough detail to identify the factual basis of the claim or defence, allow the other party to contest them, and enable the court to determine evidence. The required precision depends on the substantive issue, available information, and procedural context. General assertions may suffice initially in some situations, but if the opponent disputes them specifically, further detail may be required. Insufficient substantiation can lead to dismissal without evidence-taking.

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