SHIFTING THE BURDEN OF PROOF

shifting the burden of proof. In litigation, the transference of the duty to prove a fact from one party to the other; the passing of the duty to produce evidence in a case from one side to another as the case progresses, when one side has made a prima facie showing on a point of evidence, requiring the other side to rebut it by contradictory evidence. See BURDEN OF PROOF. [Cases: Evidence 94. C.J.S. Evidence §§ 121, 126.]