Principle

CIVIL PROCEDURE — Jurisdiction — Burden of Proof — Issue Joined on Residence — Onus on Plaintiff

Area of law
CIVIL PROCEDURE
Court
Supreme Court

The plaintiff bears the burden of proving residence for jurisdictional purposes. The court cannot assume residence from the absence of contrary evidence. Shifting the burden to the defendant is a grave error. The principle applies to all jurisdictional facts. The defendant need not prove non-residence.…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in