litigants carry the burden of going forward with evidence in a trial.
litigants carry the burden of going forward with evidence in a trial.
who carries the burden of going forward with evidence in a trial?
litigants
in a legal dispute, one party is initially presumed to be correct and gets the benefit of the doubt, while the other side bears the burden of proof. when a party bearing the burden of proof meets its burden, the burden of proof switches to the other side. burdens may be of different kinds for each party, in different phases of litigation. the burden of production is a minimal burden to produce at least enough evidence for the trier of fact to "consider" a disputed claim. after litigants have met the burden of production and their claim is being considered by a trier of fact, they have the burden of persuasion, that enough evidence has been presented to persuade the trier of fact that their side is correct. there are different "standards" of persuasiveness ranging from a preponderance of the evidence, where there is just enough evidence to tip the balance, to proof beyond a reasonable doubt, as in united states criminal courts.
burden of proof (law)
the burden of persuasion should not be confused with the evidential burden, or burden of production, or duty of producing (or going forward with evidence) which is an obligation that may shift between parties over the course of the hearing or trial. the evidential burden is the burden to adduce sufficient evidence to properly raise an issue at court.









































section::::standard of proof in the united states.
burden of proof (law)