Section 3.3 Burden of Production

• Library: Evidence 2017

B. (§3.3) Burden of Production

Before the burden of persuasion becomes an issue, the burden of production must first be met. If the party does not meet its burden of producing evidence to make the prima facie case, the case will not be submitted to the trier of fact and the burden of persuasion becomes moot. The burden of production constitutes a party’s duty to introduce sufficient evidence on an issue to submit the issue to the fact-finder. The failure to produce sufficient evidence prevents the issue from being decided by the fact-finder. Instead, the court issues a peremptory ruling of either summary judgment or directed verdict. White v. Dir. of Revenue, 321 S.W.3d 298, 304–05 (Mo. banc 2010). In all civil cases, the plaintiff has the duty to establish the case, and the plaintiff must remove it from the field of conjecture with substantial evidence of probative value or...