You must understand who has the burden of proof … and why it \matters; If you’re being sued, the other side has the burden of proof.
If the other side files a motion, they have the burden of proof.
But, sometimes the burden shifts back-and-forth.
Knowing who has the burden is critical.
Don’t be victimized by lawyers tricking you into thinking the burden is yours, making you struggle to “disprove” a fact or the application of law … when the burden is not on you!
The burden is always on the party asserting a fact or law to prove what he asserts.
It’s never your job to disprove what he asserts!
In more than 33 years as a case-winning lawyer, I’ve won many cases simply by forcing the court to require my opponent to “put up or shut up”.
Learning how to shift the burden is power to win!
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