 The Burden of Legal Proof ...
Understanding Who Must Do What and Why!
If you wish to win in court you must understand who has the burden of proof ... and why!
If you're being sued, the other side has the burden of proof.
If the other side files a motion, they have the burden of proof.
If the other side asserts a claim of any kind, they have the burden of proof.
Not YOU!
Too many good people are victimized by trickery. Lawyers routinely
try to deceive their opponents into struggling to "disprove" a fact or
application of law, when the burden is always on the party asserting a fact or law!
This is called the burden.
It applies to pleadings, motions, presentation of fact, and legal
argument ... pretty much everything offered by a party demanding the
court's favor!
Don't let the other side trick you!
In more than 25 years as a case-winning lawyer, I've frequently
enjoyed winning cases simply by forcing the court to require my opponent
to "put up or shut up".
 When
my opponent had the burden, I saw to it that he, not I, did the work to
meet that burden ... and, if he couldn't meet the burden, I saw to it
that the judge entered orders in my favor!
That's the law, and it will work for YOU!
Once you know what Jurisdictionary teaches about the burden of proof and how to put it on the other side where it belongs, you will even the odds, level the playing field, and force your opponent to "put up or shut up"!
The "burden of proof" is always on the party asserting a claim, a motion, an argument, etc.
The burden is never on the person defending a claim,a motion, or argument.
Sometimes the burden may "shift". It can even shift back-and-forth during a lengthy case. But, it is always on the party making assertions, never the party against whom assertions are made!
Think how this applies to foreclosure or credit card cases! A credit
lender asserts the alleged debtor owes a debt. In far too many cases
the alleged debtor ends up doing back-flips to prove he or she doesn't
owe.
Big mistake!
A lender making assertions has the burden to prove its assertions are
true, reliable, verifiable, based on real documents, signatures,
assignments, etc. If the lender cannot meet its burden, the alleged
debtor wins - even if the debtor did owe the debt!
Why be tricked by other members of my profession?
One side always has the burden of proof.
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