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.

Cross-references

Burden of Proof.

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)

References in periodicals archive ?
First, shifting the burden of proof with regard to fair use will result
Preserving the presumptions in favor of the state when it seeks to override the statutory apportionment schemes and shifting the burden of proof to the taxpayer will continue to give state tax authorities an unfair advantage and place an undue burden on multistate businesses whether they are seeking an alternative apportionment method, or defending against a method forced upon them by the state.
Latif had to be treated as reliable and accurate, like official tax receipts, unless there was "clear evidence to the contrary" -- shifting the burden of proof to the detainee.
40) The court then explained that proper instructions could avoid improperly shifting the burden of proof to the accused.
107(2) clarifies that the presumption of undue influence is a presumption shifting the burden of proof.
The provisions shifting the burden of proof are relatively new; the effective date was July 23, 1998.
The website arrives as the new EU Sale of Goods Directive comes into force, shifting the burden of proof should anything go wrong with a used car firmly on to the doorstep of the dealer for the first six months.
The Lord Chief Justice, Lord Woolf, has also warned against shifting the burden of proof towards the accused.
107(2) that the presumption of undue influence is a presumption shifting the burden of proof rather than a presumption affecting the burden of producing evidence.
Shifting the burden of proof is a clever way of trying to achieve this.