Shifting the Burden of Proof
SHIFTING THE BURDEN OF PROOF
The process of transferring the obligation to affirmatively prove a fact in controversy or an issue brought during a lawsuit from one party in a legal controversy to the other party.
When the individual upon whom the burden of proof initially rested has brought evidence that tends to prove a particular fact or issue, the other party then takes on the duty to rebut such fact or issue through the use of defensive or contradictory evidence.
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Shifting the Burden of Proof