The shifting burden of persuasion is the process of transferring the obligation to prove a fact in an issue raised during a lawsuit from one party to the other party.[1] When the party initially bearing the burden of proof has presented sufficient evidence to support its claim then it becomes the responsibility of the other party to issue a rebuttal that provides defensive evidence.

References

  1. ^ Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 9 (2 ed.). Detroit: Thomson/Gale. p. 175. ISBN 9780787663742.
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