Burden in United States

Burden 

Burden of production / burden of going forward with the evidence | Behauptungslast/Darlegungslast/ Beweisführungslast | charge de la preuve | onere della produzione della prova:

The duty of a party to present sufficient evidence to warrant a favorable finding on that issue or fact in order to avoid dismissal on a directed verdict. Once a movant has made a prima facie showing, i.e. a facial proof of his or her claim, the non-moving party must present evidence to rebut the assertion. Thus while the burden of proof remains on the originally moving party, the burden of production shifts to the non-moving party who must then present evidence which may or may not convince the finder of fact but which is sufficient to avoid a directed verdict, i.e. to place into doubt the position of the movant. The burden of going forward then shifts back to the moving party. The determination that the directed verdict is avoided is not however tantamount to an admission of the fact asserted but merely prevents a procedural disposition of the substantive claim.

See also: burden of proof

On burden of production see: Stuart v. D. N. Kelley & Bon, 331 Mass. 76, 117 N.E.2d 160.

Barnes v. U.S., 412 U.S. 837, 846, 93 S.Ct. 2357, 2363, 37 L.Ed.2d 380. explains clearly the distinction between the burden of production and the burden of proof.

Beweisführungslast

Pflicht,das Vorhandensein einer behaupteten Tatsache zu beweisen,wenn daraus Rechte abgeleitet werden.
nach Schweiz.Zivilgesetzbuch,Art.8(SR 210)
Thesaurus des Eidg.Versicherungsgerichts(1997)

Charge de la Preuve

Devoir en vertu duquel une partie doit prouver les faits qu’elle allègue pour en déduire son droit.
-d’après Code civil suisse,art.8(RS 210)

obligation de prouver les faits allégués
-Thésaurus du Tribunal fédéral des assurances(1997)

onere della produzione della prova

Obbligo di dovere fornire la prova imposto a chi vuol dedurre il suo diritto da una circonstanza di fatto da lui asserita.
secondo Codice civile svizzero,art.8(RS 210)

Tesoro del Tribunale federale delle assicurazioni(1997)

Burden Of Proof | Beweislast | Charge de la Preuve | onere della prova / onere probatorio:

The burden of proof is the duty of one party in a lawsuit to prove the point which they assert. Ordinarily the movant bears the burden of proof, expressed in the maxim “actor incombit probari”.

Different levels of proof are required depending on the type of case. In a civil case the plaintiff must prove the elements of their claim by a “preponderance of evidence” i.e. that their assertion is more likely than not true. In a criminal trial the burden of proof required of the prosecutor is to prove the guilt of the accused “beyond a reasonable doubt,” a much more difficult task. Unless there is a complete failure to present substantial evidence of a vital fact (usually called an “element of the cause of action”), the ultimate decision as to whether the plaintiff has met his/her burden of proof rests with the jury or the judge if there is no jury. The burden of proof in some issues it may shift to the defendant if s/he raises a factual issue in defense, such as a claim that s/he was not the registered owner of the car that hit the plaintiff, so the defendant has the burden to prove that defense. If at the close of the plaintiff’s presentation s/he has not produced any evidence on a necessary fact (e.g. any evidence of damage) then the case may be dismissed without the defendant having to put on any evidence.
Law.com

The defendant has the opportunity to submit evidence to rebut the plaintiff’s case. The defendant will however have the burden of proving the rebuttal and also of any affirmative defenses.

In criminal cases every man is presumed to be innocent until the contrary is proved. Thus the burden of proof rests on the prosecutor unless a different provision is expressly made by statute.

On burden of proof see: Ambrose v. Wheatley, 321 F.Supp. 1220, 1222.

Barnes v. U.S., 412 U.S. 837, 846, 93 S.Ct. 2357, 2363, 37 L.Ed.2d 380. explains the distinction between the burden of production and the burden of proof.

And Hearing of Evidence | Beweisaufnahme | administration des preuves / audition des preuves:

The court procedure wherein the evidence is presented before the judge (and if applicable the jury) for the determination of the truth or falsehood of each fact asserted.

Burden (Electronic Discovery)

This section introduces, discusses and describes the basics of burden . Then, cross references and a brief overview about Electronic Discovery is provided. Finally, the subject of Discovery in relation with burden is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.