Burden of Production

The burden of production is also referred to as the “burden of going forward,” “the burden of producing evidence” and the “burden of proceeding.” The burden of production is the responsibility of a party presenting an issue to come forward with sufficient evidence to support a fact or an issue in order to have that issue decided by the judge or jury. Meeting the burden of production may also be referred to as establishing a prima facie case. The burden of production must be met in order to avoid a directed verdict or a dismissal.

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