Shifting the Burden of Proof Law and Legal Definition

Shifting the burden of proof in litigation means the transfer of the burden of proof from one party who has presented a prima facie case, to the other. It means the passing of the duty to produce evidence in a case from one side to another as the case progresses. For example, when a plaintiff establishes a prima facie case, the burden of proof gets shifted to the defendant. Now the defendant must rebut the established facts by means of contradictory evidence.