Burden of Producing Evidence
Applied in 38 court decisions — leading case 37 Cal. 3d 644 - Fisher v. City of Berkeley (1984)
Most recently applied in Eng v. Brown (March 2018)
Enacted by Stats. 1965, Ch. 299.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) The burden of producing evidence as to a particular fact is on the party against whom a finding on that fact would be required in the absence of further evidence.
(b) The burden of producing evidence as to a particular fact is initially on the party with the burden of proof as to that fact.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.