(1) The party holding the affirmative of an issue must produce the evidence to prove it.
(2) The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side.
Ark. Code Ann. § 16-40-101
Burden of proof
Applied in 3 court decisions — leading case 84 Ark. App. 158 - Calhoun v. Calhoun (2003)
Most recently applied in Scenic Holding, LLC v. New Board of Trustees of Tabernacle Missionary Baptist Church, Inc. (November 2007)
Civil Code, §§ 578, 579; C. & M
Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.