Also known as: burden of production · burden of persuasion · burdens of production · burdens of persuasion · burden of proof
Written by attorneys · grounded in primary & secondary sources — see below
The two components of the burden of proof in litigation. The burden of production requires a party to introduce sufficient evidence on an issue to avoid an adverse ruling as a matter of law. The burden of persuasion requires a party to convince the factfinder that its version of the facts is correct by the applicable standard of proof.
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Brian Bailey and Byron Bishop both fired shots toward Bella Barnes during a confrontation. One bullet struck her, but she cannot identify which defendant caused the injury. Each defendant must now produce evidence showing his shot did not cause the harm. If neither meets that burden, both face liability for the single injury.
Bruce Baldwin offers a will for probate and must produce prima facie evidence of due execution. Brenda Booth contests the will and must produce evidence showing lack of capacity or undue influence. The ultimate burden of persuasion remains on the party who bears the initial production burden for each element.
Bayside Shipping and Brighton Manufacturing both discharged pollutants that combined to damage Bradley Banks's property. Each defendant seeks to limit liability by showing its share of the harm. Each must produce evidence sufficient to establish the apportionment it claims.
Brookside Pharmaceuticals introduces evidence triggering a presumption that its product caused harm. The opposing party must produce evidence sufficient to permit a finding that the product did not cause the harm. The burden of persuasion on the ultimate issue of causation remains with the plaintiff throughout.
A state university adopts an admissions policy that awards points based on gender. The university must produce an exceedingly persuasive justification showing the classification is substantially related to an important objective. Failure to meet that production burden invalidates the policy.
Bristol Steel's employee leaves a hazard on a walkway. Bella Barnes trips and is injured. She must produce evidence that the hazard was a cause in fact of her fall. If she fails, the claim fails regardless of any other evidence of negligence.
The burden of production requires a party to introduce enough evidence on an issue to create a genuine dispute or avoid judgment as a matter of law. The burden of persuasion requires the same party to convince the factfinder that its version is correct by the governing standard of proof. A presumption may shift production but does not shift persuasion under Federal Rule of Evidence 301.
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When two or more defendants acted tortiously and the plaintiff proves harm was caused by one of them but cannot identify which one, each defendant must produce evidence that its conduct did not cause the harm. This rule appears in Restatement (Second) of Torts section 433B(3) and the alternative-liability doctrine.
…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.…
…3, 228 (1971). Moreover, in contrast to proof by clear and convincing evidence required under the New York Times test, the
…issue before it,” ante , at 238. There is a suggestion, however, that petitioners are entitled to prevail because they met the burden of proof imposed by 5 U. S. C. § 3304. Ante , at 249 n. 15. As I understand the opinion, the Court therefore holds that Test 21 is job related under § 3304, but not necessarily under Title VII. But…
…additional proceedings . . . to determine the scope of individual relief.” Teamsters , 431 U. S., at 361. At this phase, the burden of proof will shift to the company, but it will have the right to raise any individual affirmative defenses it may have, and to “demonstrate that the individual applicant was denied an employment…
…than the unusual practice.[^maj-16] We agree with the District Court and the Court of Appeals that the Government carried its burden of proof
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When multiple tortfeasors seek to limit liability by showing the harm is capable of apportionment, each bears the burden of production and persuasion on the apportionment it claims. This allocation prevents a defendant from escaping liability by pointing to another without proof.
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Under Federal Rule of Evidence 301 a presumption shifts only the burden of production. The party who originally bore the burden of persuasion retains it even after the presumption arises. State law may govern the effect of presumptions in diversity cases under Rule 302.
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The proponent of a will must produce prima facie proof of due execution. A contestant must produce evidence of lack of capacity, undue influence, or revocation. Each party retains the ultimate burden of persuasion on the issues for which it bears the initial burden of proof.
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