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2.6-2 Burden of Proof - Affirmative Defenses
Revised to January 1, 2008
The defendant in this case, (in
addition to / instead of) denying the claims made by the plaintiff, has
affirmatively asserted certain special defenses to the plaintiff's claims. I
will review these special defenses with you in a moment. The defendant has the
burden of proof as to the allegations of any special defenses upon which the
defendant relies. The plaintiff does not have the burden to disprove the
allegations of the defendant's special defenses. Rather, each party has the
burden of proving that party's own claims and no burden to disprove the claims
of that party's adversary.
Authority
Notes
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