Burden of production is the duty to present enough evidence on an issue for the factfinder to consider it.
If the burden is not met, the issue may not go forward.
Why burden of production matters
The burden of production determines who must come forward with evidence at a particular stage. It can affect motions, presumptions, affirmative defenses, and whether a claim reaches trial.
Meeting this burden does not necessarily mean winning. It means enough evidence has been introduced to let the issue be decided.
Where burden of production appears
Burden of production appears in civil trials, criminal cases, motions for judgment, summary judgment, evidentiary presumptions, and administrative hearings.
It often works alongside the burden of persuasion.
How it differs from nearby terms
Burden of production is about bringing enough evidence forward. Burden of persuasion is about convincing the factfinder under the applicable proof standard.
Preponderance and clear and convincing evidence are proof standards used to measure persuasion.
Practical example
A defendant raises an affirmative defense and must produce enough evidence supporting it before the jury can consider that defense.
Related Terms
- Burden of Persuasion
- Preponderance of the Evidence
- Clear and Convincing Evidence
- Admissible Evidence
- Testimony
- Prima Facie Case
Quick check
Question: Is burden of production about putting enough evidence forward?
Answer: Yes. It is the duty to produce sufficient evidence on an issue.