Principle

CIVIL PROCEDURE – Pleadings – Burden of Proof – Party Asserting Affirmative Must Prove

Area of law
CIVIL PROCEDURE
Court
Supreme Court

The burden of proof rests on the party asserting the affirmative of the issue—whether plaintiff or defendant. The burden is fixed at the beginning by the pleadings as a question of law and never shifts. If after all evidence the party with the burden has…

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