Principle

CIVIL PROCEDURE – Demurrer Proceedings – Burden of Proof – On Applicant

Area of law: CIVIL PROCEDURE
Court: Supreme Court

In demurrer proceedings, the defendant chooses the procedure and bears the burden of proof. The defendant must establish, by motion and to the court's satisfaction, that the plaintiff lacks standing to prosecute the claim at that stage. The burden is on the applicant (defendant) because…

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