burden of evidence

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.

Ballentine's law dictionary. . 1998.

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  • burden of evidence — n. The burden on a party seeking to support a claim or defense at trial to produce sufficient evidence at trial to have the issue merit consideration by the fact finder. Also called burden of going forward (with evidence), burden of introducing… …   Law dictionary

  • burden of production — burden of production: the responsibility of the party that is presenting an issue or fact to produce evidence sufficient to support a favorable finding on that issue or fact – called also burden of coming forward with the evidence, burden of… …   Law dictionary

  • burden of going forward — (with evidence) =>> burden of evidence. Webster s New World Law Dictionary. Susan Ellis Wild. 2000. burden of going forward …   Law dictionary

  • burden of going forward with evidence — burden of going forward (with evidence) =>> burden of evidence. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • burden of introducing evidence — >> burden of evidence. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • burden of producing evidence — >> burden of evidence. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • Burden of proof — may refer to: Legal burden of proof Philosophic burden of proof Scientific burden of evidence Other The Burden of Proof, a 1990 novel by Scott Turow The Burden of Proof (film), a 1992 film based on the above novel Burden of Proof (CSI episode) …   Wikipedia

  • burden of proceeding — >> burden of evidence. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • burden of going forward with evidence — See burden of evidence …   Ballentine's law dictionary

  • burden of producing evidence — See burden of evidence …   Ballentine's law dictionary

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