Also known as: burdens of production and persuasion · burden of proof
Written by attorneys · grounded in primary & secondary sources — see below
A procedural allocation that assigns to a party both the duty to introduce sufficient evidence on an issue and the duty to convince the factfinder of its truth by the applicable standard of proof.
Bharat Bhatia was injured when one of two trucks owned by Bristol Steel and Brookside Pharmaceuticals veered into his lane on a narrow bridge. Both drivers had been speeding and it was impossible to determine which truck struck him. Bharat proved both drivers were negligent. Each company then had to produce evidence showing its truck did not cause the injury and persuade the jury of that fact or face joint liability.
Bei Bai petitioned to probate her father's will. Her brother Benito Benitez contested it claiming undue influence. Bei first produced the will and testimony of due execution. Benito then had to produce evidence of undue influence and persuade the court that the testator's free will had been overborne or the will would be admitted.
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Bella Barnes suffered permanent lung damage from emissions released by two factories owned by Baxter Dynamics and Barclay Financial. Both factories violated emission standards. Baxter sought to limit its liability by showing only a portion of the harm was attributable to its plant. Baxter had to produce evidence of apportionment and persuade the jury of the proper division or remain jointly and severally liable for the entire injury.
The state military academy admitted only men. Beatrice Brown applied and was rejected solely because of her sex. She challenged the policy under the Equal Protection Clause. The state had to produce evidence of an exceedingly persuasive justification and persuade the court that the single-sex policy was substantially related to an important governmental objective or the exclusion would be struck down.
Byron Bishop sued Bristol Steel after a beam fell from a construction site and injured him. Byron produced evidence that the beam came from the site and that the company had failed to secure it. Bristol Steel denied causation. Byron had to produce evidence that the company's negligence was a factual cause of his injury and persuade the jury of that link or lose on that element.
Benito Benitez a state employee with a disability sued the state under the ADA after being denied a promotion. The state defended on rational-basis grounds. Benito had to produce evidence negating any reasonably conceivable legitimate purpose and persuade the court that the classification lacked a rational relationship to a legitimate interest or the claim would fail.
The defendant bears both the burden of production and the burden of persuasion on contributory negligence because it is an affirmative defense. The plaintiff must prove the elements of the negligence claim but need not disprove his own fault. If the defendant fails to persuade the factfinder that the plaintiff's conduct was negligent and contributed to the harm the defense fails.
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The issue is decided against that party as a matter of law. The opposing party may obtain judgment on that issue without the factfinder ever weighing the evidence because no sufficient evidence was introduced to create a triable question.
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The burden of persuasion remains fixed on the party to whom it was initially assigned. Only the burden of production may shift after a prima facie showing is made. The party that bears the ultimate burden of persuasion must still convince the factfinder even if the opponent produces rebuttal evidence.
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…or overbroad." A physician's abortion conviction was affirmed. In Thompson , n. 2, the court observed that any issue as to the burden of proof under the exemption of Art. 1196 "is not before us." But see Veevers v. State , 172 Tex. Cr. R. 162, 168-169, 354 S. W. 2d 161, 166-167 (1962). Cf. United States v. Vuitch , 402 U. S.…