Also known as: burden of persuasion · burdens of persuasions · persuasion burden
Written by attorneys · grounded in primary & secondary sources — see below
The ultimate obligation of a party to convince the trier of fact of the truth of a proposition by the applicable standard of proof. This burden remains fixed on the party who originally bears it and does not shift during the proceeding even when a presumption or burden of production moves to the opposing side.
Dylan files a petition seeking a declaration that Jordan died intestate and supplies evidence of death, venue, and heirship. Peggy counters with a petition to probate a digital document as Jordan's will. Because the petitions are opposed, the court first requires Peggy to establish prima facie proof of due execution before any intestacy determination proceeds.
Nova Development offers five years of maintenance logs to create a presumption that Pacific Estates's neglect caused flooding damage. Pacific Estates responds with a notarized acceptance certificate. The court requires Pacific Estates to produce rebuttal evidence on causation but leaves the ultimate burden of persuasion on Nova Development throughout the case.
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A defendant charged with murder presents psychiatric evidence of extreme emotional disturbance. The trial court instructs the jury that the prosecution must prove every element of murder beyond a reasonable doubt while the defendant must prove the affirmative defense by a preponderance of the evidence. The jury convicts after finding the defense unproven.
Celotex moves for summary judgment arguing that Catrett cannot produce evidence showing exposure to its asbestos products caused her husband's death. The court grants the motion after Catrett fails to meet her burden of production. The ultimate burden of persuasion on causation remains with Catrett and is unaffected by the shift in production.
After a jury convicts the defendant of robbery, the sentencing court finds by a preponderance of the evidence that the defendant visibly possessed a firearm during the offense. The court imposes an enhanced mandatory minimum sentence because the visible-possession fact is treated as a sentencing factor rather than an element of the crime.
A Black defendant objects when the prosecutor uses peremptory strikes to remove all Black venire members. The defendant must first make a prima facie showing of purposeful discrimination. Once that showing is made, the burden of persuasion remains on the defendant to prove that the prosecutor's race-neutral explanations are pretextual.
The plaintiff bears the burden of persuasion on every element of a negligence claim, including duty, breach, causation, and damages. Even when the plaintiff uses circumstantial evidence or an inference of negligence, the ultimate obligation to convince the factfinder remains with the plaintiff.
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No. Under Federal Rule of Evidence 301 a presumption shifts only the burden of production to the party against whom it is directed. The burden of persuasion remains on the party who originally bore it.
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The proponent of the will must establish prima facie proof of due execution. The contestant bears the burden of persuasion on lack of capacity, undue influence, or revocation. Each party retains the ultimate burden of persuasion on the matters for which it carries the initial burden.
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The plaintiff bears the burden of proving that the panel did not act in good faith after a reasonable inquiry. The statute places this burden on the plaintiff when the determination is made by a court-appointed panel.
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…the State is to prove in order to convict, but constitutes a separate issue on which the defendant is required to carry the burden of persuasion. Pp. 206-207. 3. The Due Process Clause does not require the prosecution to prove beyond a reasonable doubt the absence of the affirmative defense, since (a) the affirmative defense does…