Principle

EVIDENCE LAW – Estoppel – Res Judicata – Burden of Proof on Party Pleading Estoppel

Area of law
EVIDENCE LAW
Court
Supreme Court

The party pleading res judicata bears the burden of proving identity of parties, subject-matter, and cause of action. The burden is on the defendant asserting estoppel, not the plaintiff. The defendant must adduce evidence showing that the previous and current proceedings involve the same parties,…

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