burden of production

burden of production. A party’s duty to introduce enough evidence on an issue to have the issue decided by the fact-finder, rather than decided against the party in a peremptory ruling such as a summary judgment or a directed verdict. — Also termed burden of going forward with evidence; burden of producing evidence; production burden; degree of proof. [Cases: Evidence 90–98. C.J.S. Evidence §§ 120–129.]

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