Division of the burden of proof in United States

Division of the burden of proof 

In some cases the burden of proof of certain elements of the claim will be on one party, while other elements of the same claim will be on the other. For example, in cases of libel, the plaintiff must prove the defamatory assertion after which damages are presumed. The defendant however can move to prove the truth of the matter asserted – but will bear the burden of proving the truth of the libelous statement.