The Importance of Bearing the Blast in a Civil Suit

When you raise an affirmative defense, the burden shifts to the other side. The principle is something called clear and convincing evidence. This doesn't apply in a lot of situations. It applies when you are contesting certain kinds of administrative findings. And if you have no evidence, then prior to trial, the other side will move to summarily to smis out or strike your affirmative defense from the complaint. If you don't bear the burden of proof, right, you can always, you know, simply dispute the other side but where you do bear theurden of proof, you can't have to affirmatively introduce evidence on your side.