Burden of production - sustany/dvg GitHub Wiki

The burden of production refers to a party's obligation to come forward with sufficient evidence to support a particular proposition of fact. The burden of production combines with the burden of persuasion to make up the burden of proof throughout a trial.�

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. As a result, a judge can dismiss a case before it ever gets to the jury when they believe this burden has not been met.

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.

The burden of production is also referred to as: "burden of going forward with evidence," "production burden."