You must understand who has the burden of proof … and why it matters!
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 28 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”.
Think how this can be applied to foreclosure or credit card cases! A credit lender asserts his alleged debtor owes, and far too often the alleged debtor spins his wheels trying prove he doesn’t owe … instead of forcing the creditor to prove what he claims or be dismissed!
Knowing how to shift the burden is power to win!
Why be tricked by other members of my profession?