burden of going forward

Burden of Going Forward

The onus on a party to refute or to explain evidence presented in a case.

The burden of going forward, also called the burden of producing evidence, burden of production, or the burden of proceeding, requires a party in a lawsuit to refute or explain each item of evidence introduced that damages or discredits his or her position in the action, as a trial progresses. Suppose a person is charged with the possession of stolen goods. After the prosecution has introduced evidence of the defendant's possession of such goods, the defense bears the burden of refuting or explaining the evidence. If the evidence appears unfavorable for the prosecution, it has the burden of going forward to produce more evidence to bolster its claim that the defendant committed the crime. The failure to produce more evidence may result in the judge's dismissing the charges against the defendant. If the prosecution produces such evidence, it shifts the burden of production back to the defendant, who then must refute the additional evidence.

The burden of going forward also shifts during a civil proceeding. It shifts to the defendant after the plaintiff rests its case, but it may shift even before that time. In a Wrongful Death case, for example, the plaintiff may, at a certain point in the trial, file a motion asking for a ruling (sometimes a motion for Summary Judgment or a motion for a directed verdict) in his or her favor by maintaining that he or she has presented sufficient evidence to show that the defendant's actions resulted in the victim's death. The burden then shifts to the defendant to produce additional evidence to refute the plaintiff's claim; otherwise, the judge may grant the plaintiff's motion, thus concluding the case in the plaintiff's favor.

burden of going forward

noun adequate eviience, adequate proof legally presented at trial, burden of proof, legal responsibility, obligation of going forward, suffiiient corroboration, sufficient evidence in a case, sufficient evidence to establish a case, sufficient proof, sufficient proof of facts, validation of proof of a case, verification of proof of a case
Associated concepts: cause of action or claim, evidence, eviientiary burden, failure to sustain, preponderance of the evvdence, prima facie case, rebuttal
Foreign phrases: Onus probani.Burden of proof.
References in periodicals archive ?
the burden of going forward with evidence of the defense is upon the defendant.
A prima facie case means the plaintiff has met the burden of going forward with evidence on the legal issue.
Once the foreign state has produced such prima facie evidence of immunity, the burden of going forward would shift to the plaintiff to produce evidence establishing that the foreign state is not entitled to immunity.
You may also hear judges speak of other burdens, such as the burden of pleading (which party must raise the issue), the burden of going forward with the evidence (the need to produce sufficient evidence to allow the issue to go to the fact finder), and the burden of persuasion (who loses if the quantum is not met).
Instead, the IRS alleges that the burden of going forward does not include the production of the partnership returns.
The board held that LMC's burden of going forward showed that the difference was $4.
Courts sometimes bifurcate the burden of proof into a burden of going forward (introducing evidence) and a burden of persuasion (convincing the court that you are correct).
Still, the taxpayer has the burden of going forward with evidence either at trial or in pre-trial hearings.
Practitioners challenging (and defending) proposed rules are thus faced with significant issues raised by the amendments--three of which are addressed here: 1) Does the "burden to prove" imposed upon the agency include the burden of going forward as well as the ultimate burden of persuasion?
They, along with other tax experts, point out the vast state of confusion over the government's presumption of correctness and the difference between the taxpayer's burden of going forward, as distinct from the burden of persuasion.
The defendant may be deemed to have the burden of going forward with the evidence, but only in the sense that failure to put in evidence to counter the permissible inference of negligence raised by the plaintiff may allow the jury to return an unfavorable verdict.
The preamble to the final regulations indicates that "[t]he presumptions are intended to establish which party has the burden of going forward in litigation.