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The burden of proof (Latin: onus probandi) is the obligation resting on a party in a trial to produce the evidence that will shift the conclusion away from the default position to one's own position.
The burden of proof is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, the best translation of which seems to be: "the necessity of proof always lies with the person who lays charges." ~Wikipedia
The burden of proof is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, the best translation of which seems to be: "the necessity of proof always lies with the person who lays charges." ~Wikipedia
Burden of Proof?
May 1, 2013
San Bernardino Family Court Commissioner Deborah Daniel, Courtroom S-11 Excerpt from Court Reporter's transcript...
This is an error on Commissioner Daniel's part.
The burden of proof is on the accuser, the Petitioner, Christy Garrison, who filed her Ex Parte on August 7, 2012. She is the one trying to the rights away from father number 3 of child number 3. On July 11th, 2012, at the commencement of our trail, Commisioner Daniel asked that the Petitoner proceed with the presentation of their evidence (since they are the accusers/petitioning party) I thought perhaps Commissioner Daniel had noticed her mistake and attempted to rectify the situation. Once again, and for the last time I gave Commissioner Daniel too much credit. The opposing counsel, Diana Shropshire (Justice & Associates, Rancho Cucamonga) reminded Commissioner Daniel that she had ruled that I, the Respondent, would go first. Commissioner Daniel |
FYI: I am the respondent. Christy filed an ex parte on August 7, 2012 to have my parental rights removed...for 2 weeks. Its been 1 year. <---- You have to pay her fees. |