shifting the burden of proof
Shifting the burden of proof refers to transferring the responsibility of producing evidence or persuading the fact-finder from one party to the other. It occurs in both civil and criminal proceedings under specific circumstances. The party with the initial burden must first present sufficient evidence to establish a prima facie case. Once that is done, the burden may shift to the opposing party, who must then introduce evidence to refute or counter the claim.
This mechanism is often used in cases where direct evidence is difficult to obtain but public policy strongly favors protecting certain parties. For example, in product liability cases, if a plaintiff shows evidence suggesting that a defect likely caused an accident, the burden may shift to the manufacturer to prove that the product was not defective or that the defect did not cause the harm.
Shifting the burden does not remove the ultimate burden of proof, which typically remains with the plaintiff in civil cases and with the prosecution in criminal cases. Instead, it requires the opposing party to respond to evidence once a threshold showing has been made.
[Last reviewed in August of 2025 by the Wex Definitions Team]
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