burden of evidence

The duty of a party to proceed with evidence at the beginning, or at any subsequent stage, of the trial, in order to make or meet a prima facie case. 29 Am J2d Ev § 123. This duty, otherwise, and perhaps more appropriately, called the burden of producing evidence, may arise at different stages of the trial, even be borne successfully once, only to arise again at a later stage, thereby being distinguished from the "burden of proof, which is one to be carried during the entire trial, that is, ultimately. The term "burden of evidence" has been defined as meaning the burden of "getting by" the judge to the jury, by making a prima facie showing as to each factual ingredient necessary to establish a prima facie case. Having done this, a plaintiff has discharged his burden of evidence, and the burden shifts to the defendant to produce, if he desires, competent controverting evidence, which, if believed, will offset the plaintiff's prima facie case. If the defendant has thus met the burden of evidence and made a prima facie defense the burden thereupon swings back to the plaintiff to bring forward evidence in rebuttal, and so on. McCloskey v Koplar, 329 Mo 527, 46 SW2d 557, 92 ALR 641. See burden of proof.