Section 6 Persuasion and Production

• Library: Administrative Law 2011

The “burden of proof” is commonly understood as comprising two components:

1. Burden of persuasion

Burden of production (also referred to as “the burden of going forward with the evidence”)

Kinzenbaw v. Dir. of Revenue, 62 S.W.3d 49, 53–54 (Mo. banc 2001).
The burden of persuasion is a party’s duty to convince the fact-finder to view the facts in a way that favors that party. Id. at 53–54 n.6 (citing Black’s Law Dictionary 190 (7^th ed. 1999)). The burden of production
is a party’s duty to introduce enough evidence on an issue to have the issue decided by the fact-finder, rather than decided as a matter of law in a directed verdict or grant of summary judgment. Id.Depending
on the type of proceeding, the burden of production may shift once a party submits sufficient evidence in support of its...