Legal Definitions - burden of going forward with evidence

Definition: The burden of going forward with evidence refers to a party's responsibility to present enough evidence on an issue to have it decided by the fact-finder, rather than being decided against the party in a peremptory ruling such as a summary judgment or a directed verdict. This is also known as the burden of production or the production burden.

Examples: If a plaintiff is suing a defendant for breach of contract, the burden of going forward with evidence would be on the plaintiff to present enough evidence to prove that a contract existed between the parties, that the defendant breached the contract, and that the plaintiff suffered damages as a result of the breach. If the plaintiff fails to present enough evidence on any of these issues, the case may be dismissed in favor of the defendant.

Another example would be in a criminal trial, where the burden of going forward with evidence would be on the prosecution to present enough evidence to prove the defendant's guilt beyond a reasonable doubt. If the prosecution fails to present enough evidence, the defendant may be acquitted.

These examples illustrate how the burden of going forward with evidence is an important aspect of the legal system, as it ensures that cases are decided based on the evidence presented, rather than being dismissed or decided in favor of a party simply because they failed to present enough evidence.