Civil Procedure II


Burden of Production

A burden of production means one must present evidence that a rational finder of fact could rely upon.

This is not the same as proving the fact at trial, as required by the burden of proof.

Burden of Proof

A burden of proof means one must satisfy the standard to be applied by the fact finder. In a civil trial, this is a preponderance of the evidence. If the standard is not met, the party without the burden of proof prevails on the issue.