Section 3.5 Shifting Burdens of Proof

• Library: Evidence 2017

III. (§3.5) Shifting Burdens of Proof

Although the general rule is that a party not bearing the burden of proof does not need to offer any evidence concerning an issue, the law provides certain circumstances in which, when the plaintiff makes its prima facie case, the burden shifts to the defendant. It is important to note, however, that the burden of production—that is, the burden of going forward with evidence—shifts to the defendant in these circumstances, but the burden of persuasion never shifts from the plaintiff to the defendant. See:

· Moses v. Carnahan, 186 S.W.3d 889, 905 (Mo. App. W.D. 2006)

· City of St. Charles v. DeVault Mgmt., 959 S.W.2d 815 (Mo. App. E.D. 1997)

· Nelson v. Hammett, 189 S.W.2d 238, 243 (Mo. 1945)

In City of St. Charles v. DeVault Management, an eminent domain proceeding, the City offered testimony from the city clerk...