Also known as: persuasion burdens · burden of persuasion
Written by attorneys · grounded in primary & secondary sources — see below
The ultimate obligation of a party to convince the factfinder of the truth of a proposition by the applicable standard of proof.
Dylan petitions for intestacy after his sibling's death and supplies evidence of death, venue, and heirship. Peggy offers a digital document as the will and presents metadata plus testimony to support execution. The court first requires Peggy to meet her initial burden on due execution before Dylan must persuade on lack of capacity.
MetroBuild accepts steel beams and later sues Apex for defects discovered after installation. Apex introduces evidence that the beams met specifications at delivery. The presumption favoring MetroBuild on nonconformity requires Apex only to produce rebuttal evidence. MetroBuild retains the ultimate obligation to persuade the jury of the defect.
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A defendant charged with second-degree murder presents psychiatric evidence of extreme emotional disturbance. The prosecution proves every element of murder beyond a reasonable doubt. The defendant must still persuade the jury by a preponderance that the affirmative defense applies or face conviction.
Steel companies sue to enjoin a presidential order seizing mills during wartime. The government asserts inherent authority to act. The companies must persuade the court that no constitutional power supports the seizure once the government has met its production burden on the factual record.
Shareholders challenge a merger approved by a controlling stockholder. The board shows an independent committee approved the deal after review. Plaintiffs retain the obligation to persuade the court that the transaction was not entirely fair despite the procedural protections.
A defendant objects to the prosecutor's peremptory strikes removing all Black venire members. The prosecutor offers race-neutral reasons for each strike. The defendant must persuade the court that the stated reasons are pretextual to obtain relief under equal protection.
The proponent of the will must persuade the court of due execution. The contestant must persuade the court of lack of capacity, undue influence, or other invalidating grounds. Each party retains the ultimate obligation on the issues it initially raises.
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A presumption shifts only the burden of production to the opposing party. The party that originally bore the persuasion burden keeps it throughout the case.
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The prosecution must prove every element of the offense beyond a reasonable doubt. The defendant must persuade the factfinder by a preponderance that an affirmative defense such as extreme emotional disturbance applies.
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The plaintiff retains the obligation to persuade the court that the transaction was not entirely fair even after the corporation shows procedural protections were followed.
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…658, 104 S.Ct., at 2046. But the adjectives "strong" and "heavy" might be read as imposing upon defendants an unusually weighty burden of persuasion. If that is the majority's intent, I must respectfully dissent. The range of acceptable behavior defined by "prevailing professional norms," ante, at 688, seems to me sufficiently broad to…