Section 3.2 Burden of Persuasion

• Library: Evidence 2017

A. (§3.2) Burden of Persuasion

Under the burden of persuasion, the party asserting the affirmative of an issue must convince the trier of fact that the proposition or issue is true by the quantum of evidence that applies to the case, i.e.:

· preponderance of the evidence;

· clear and convincing evidence; or

· beyond a reasonable doubt.

Counsel should research the law on an issue to determine which burden applies. It is important to note than when the MAI (Missouri Approved Jury Instructions) has a burden of proof instruction for a particular type of case, that instruction must be used by the trial court...