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Shifting the Burden of Proof

issue party evidence brought

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.

CROSS-REFERENCES

Burden of Proof.

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