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Simple English definitions for legal terms
burden of production
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A quick definition of burden of production:
The burden of production is when someone has to provide enough evidence to support what they are saying. This is important during a trial because it helps the judge and jury decide who is right. If someone doesn't provide enough evidence, the judge can dismiss the case. The burden of production is also called the "burden of going forward with evidence" or "production burden."
A more thorough explanation:
Definition: The burden of production is a party's responsibility to provide enough evidence to support a particular fact. It is combined with the burden of persuasion to make up the burden of proof throughout a trial. If a party satisfies the burden of production, they have established a prima facie case. The judge can dismiss a case if they believe the burden of production has not been met.
Examples: If a person is accused of stealing a car, the prosecution has the burden of production to provide evidence that the person actually stole the car. They may present video footage of the person taking the car, fingerprints found on the car, or witness testimony. If the prosecution fails to provide enough evidence, the judge may dismiss the case.
Another example is in a civil case where a person is suing for damages after a car accident. The plaintiff has the burden of production to provide evidence that the other driver was at fault for the accident. They may present witness testimony, police reports, or medical records. If the plaintiff fails to provide enough evidence, the case may be dismissed.
These examples illustrate how the burden of production requires a party to provide enough evidence to support their claim. If they fail to do so, the case may be dismissed.