LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Evidential Burden on Defendant to Prove Forgery
PRINCIPLE STATEMENT
While it is true that the plaintiff bears the legal burden of proving the facts sufficient to sustain the declaration claimed, the evidential burden of proving certain facts occasionally shifts to the defendant; such is the burden of proving the allegation that the document which the plaintiff relies on is a forgery; in the application of the general principle that he who alleges must prove, there is no distinction between a plaintiff and a defendant.
RATIO DECIDENDI (SOURCE)
"While it is true that the plaintiff bears the legal burden of proving the facts sufficient to sustain the declaration he claims, the evidential burden of proving certain facts occasionally shifts to the defendant. Such is the burden of proving the allegation that the document which the plaintiff relies on is a forgery. In the application of the general principle that he who alleges must prove, there is no distinction between a plaintiff and a defendant."
EXPLANATION / SCOPE
This distinguishes legal burden (overall proof responsibility) from evidential burden (burden on specific issues). Plaintiff’s legal burden: Prove facts sustaining claim—overall responsibility for establishing case. Evidential burden shifts: For certain facts, evidential burden shifts to defendant—particularly allegations defendant makes, like forgery. Forgery allegation: Defendant alleging plaintiff’s document is forged bears evidential burden of proving forgery—must establish the positive allegation. “He who alleges must prove” applies equally: No distinction between plaintiff and defendant—whoever makes allegation (plaintiff or defendant) bears burden of proving it. This serves: allocating proof burden to party making assertion, preventing defendants from making unproved allegations, and applying burden rules evenhandedly. “Evidential burden shifts” means: while plaintiff retains overall legal burden (proving case), defendant must prove specific allegations defendant makes. Example: Plaintiff relies on document, defendant alleges forgery—defendant must prove forgery despite plaintiff bearing overall legal burden. This prevents: defendants making serious allegations without proof, forcing plaintiffs to disprove every negative allegation, and unbalanced burden allocation. The principle: forgery is positive allegation requiring proof by alleging party (usually defendant), not mere denial requiring plaintiff’s additional proof. This fair allocation ensures whoever asserts (plaintiff or defendant) must prove their assertion.