views updated

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

Updated About encyclopedia.com content Print Article Share Article