Section 3.4 Affirmative Defenses, Counterclaims, and Cross-Claims

• Library: Evidence 2017

II. (§3.4) Affirmative Defenses, Counterclaims, and Cross-Claims

The party not having the burden of proof on an issue generally does not need to offer any evidence concerning that issue. Therefore, that party bears neither the burden of production nor the burden of persuasion on any issue that is an element of the opponent’s prima facie case. See Stiff v. Stiff, 989 S.W.2d 623 (Mo. App. S.D. 1999).

When a party bears the burden of proof on an issue and when the evidence presented on that issue is not conclusive, a judgment in favor of the opposing party requires no evidentiary support because the trier of fact may disbelieve the proponent’s evidence. See Stiff, 989 S.W.2d at 628 (citing Bakelite Co. v. Miller, 372 S.W.2d 867, 871 (Mo. 1963)); see also Brown v. Mustion, 884 S.W.2d 365, 369 (Mo. App. S.D. 1994); Haffey v....