Section 20.12 Burden of Proof

• Library: Estate Administration 2014 Supp

B. (§20.12) Burden of Proof

It is axiomatic that the burden of proof falls on the plaintiff to prove the allegations set forth in the petition to discover assets. The measure of that burden depends on the substantive cause of action asserted.

Many of the theories pled in discovery-of-assets actions assert a claim for equitable relief. The standard of proof in actions seeking equitable relief is substantially greater than in actions at law. That standard of proof requires the fact-finder to believe the facts alleged by “clear, cogent...