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.

Cross-references

Burden of Proof.

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shifting the burden of proof n. in a lawsuit the plaintiff (the party filing suit) has the burden of proof to produce enough evidence to prove his/her/its basic (prima facie) case. If that burden is met, then the burden of proof shifts to the other party, putting the defendant in the position of having the burden to prove he/she has a defense. There may be shifts of burden of proof on specific factual issues during a trial, which may impact the opposing parties and their need to produce evidence. (See: burden of proof, prima facie case)