Burden of production

A party's obligation to come forward with sufficient evidence to support a particular proposition of fact.  Satisfying the burden of production may also be referred to as establishing a prima facie case.  Determining whether a party has satisfied its burden of production is not an issue of fact for the jury; it is an issue of law.

When a party has satisfied its burden of production, it has produced enough evidence on an issue to have the issue decided by the fact-finder rather than decided against the party in a directed verdict, motion for judgment as a matter of law or motion for summary judgment.

Also referred to as: "burden of going forward with evidence," "production burden."

 

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