The burden requires producing enough evidence that a reasonable factfinder could find in the party's favor. It may shift during trial, unlike the burden of persuasion which generally does not.
Failure to meet it results in judgment against the party.
Alternative Names:
Production Burden|Burden of Going Forward
Why it Matters?
Shifting is what distinguishes production from persuasion, and a defendant that produced evidence satisfying its burden on an affirmative defense returns the production burden to the plaintiff without altering who must ultimately persuade. Understanding which burden a presumption or framework shifts prevents the common error of treating a production shift as though the ultimate burden moved.
Frequently Confused with
Related terms
Frequently asked questions
How does production differ from persuasion?
What is the common error?
