Burden of proof as to particular fact rests on the party asserting it, unless statute allocates the burden otherwise. Burden of proof as to any particular fact rests on the person who asserts the fact, unless a law expressly places the proof on a particular person; the asserting party must prove the fact (e.g., prosecution proves admission; defendant proves alibi).
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Burden of proof as to particular fact rests on the party asserting it, unless statute allocates the burden otherwise.
Burden of proof as to any particular fact rests on the person who asserts the fact, unless a law expressly places the proof on a particular person; the asserting party must prove the fact (e.g., prosecution proves admission; defendant proves alibi).
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