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SHIFTING THE BURDEN OF PROOF
The process of transferring the obligation to affirmatively prove a fact in controversy or an issue brought during a lawsuit from one party in a legal controversy to the other party.
When the individual upon whom the BURDEN OF PROOF initially rested has brought evidence that tends to prove a particular fact or issue, the other party then takes on the duty to rebut such fact or issue through the use of defensive or contradictory evidence.
Shifting the Burden of Proof
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